D.C. Law 24-251. Paternity Establishment Amendment Act of 2022.
AN ACT
To amend Title 16 of the District of Columbia Official Code to eliminate a conclusive presumption of paternity established by an acknowledgement of paternity made in the District where it is proven that all the statutory requirements for the acknowledgement were not fully met, to explicitly allow a paternity acknowledgement or determination made in the District to be challenged in Superior Court based on fraud, duress, or material mistake of fact, to provide that Court-ordered DNA test results excluding the parentage of a person whose paternity has been established by acknowledgement or adjudication or proving to a scientific certainty that another person is the father of a child shall constitute evidence of fraud, duress, or material mistake of fact which shall require the Court to set aside the acknowledgement or determination, to allow additional parties to request the Court require medical or genetic testing, to eliminate the bar on the Court from ordering such medical or genetic testing when there is a signed acknowledgement of paternity that has not been legally rescinded, to allow the Court to order the District to pay testing costs if the alleged parent does not have sufficient resources, and to make conforming amendments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Paternity Establishment Amendment Act of 2022".
Sec. 2. Title 16 of the District of Columbia Official Code is amended as follows:
(a) Section 16-909 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase "under this" and inserting the phrase "pursuant to this" in its place.
(B) Paragraph (1) is amended by striking the phrase "if he" and inserting the phrase "If he" in its place.
(C) Paragraph (2) is amended by striking the phrase "if, prior" and inserting the phrase "If, prior" in its place.
(D) Paragraph (3) is amended by striking the phrase "if, after" and inserting the phrase "If, after" in its place.
(E) Paragraph (4) is amended by striking the phrase "if the" and inserting the phrase "If the" in its place.
(2) Subsection (a-1)(1) is amended by striking the phrase "under paragraph" and inserting the phrase "pursuant to paragraph" in its place.
(3) Subsection (b-1) is amended as follows:
(A) The lead-in language is amended by striking the phrase "under subsection" and inserting the phrase "pursuant to subsection" in its place.
(B) Paragraph (2) is amended to read as follows:
"(2) If the father has acknowledged paternity in writing in the District, as provided in § 16-909.01(a)(1), unless it is proven that the requirements of that section were not fully met.".
(4) Subsection (c)(2) is amended by striking the phrase "under subsection" both times it appears and inserting the phrase "pursuant to subsection" in its place.
(5) Subsection (c-1) is amended to read as follows:
"(c-1)(1) A parent-child relationship that has been established in the District pursuant to subsection (b-1)(1) of this section may be challenged upon the same grounds and through the same procedures as are applicable to a final judgment of the Court.
"(2)(A) A parent-child relationship that has been established in the District pursuant to subsection (b-1)(2) of this section or § 16-909.01(a)(1) may be challenged in the Court after the recission period provided by § 16-909.01(a-l) through the same procedures as are applicable to a final judgment of the Court, but only on the basis of fraud, duress, or a material mistake of fact, with the burden of proof on the challenging party. A challenge to the acknowledgement may be filed with the Court at any time by a party, any signatory to an acknowledgement of paternity or adjudication, the child whose parentage is at issue, or another individual who puts forth sufficient facts to claim they may be the biological parent of the child.
"(B) For the purposes of subparagraph (2)(A) of this paragraph, Court-ordered DNA test results excluding a signatory of an acknowledgement of paternity as the father or proving to a scientific certainty that a different individual is the child's biological parent shall constitute evidence of fraud, duress, or a material mistake of fact, and shall require the Court to set aside the acknowledgement of paternity.
"(C) The legal responsibilities (including child support obligations) of any signatory arising from the acknowledgement of paternity may not be suspended during the challenge, except for good cause shown.".
(6) A new subsection (c-2) is added to read as follows:
"(c-2) A determination of parentage made pursuant to subsection (c)(l)(A) of this section may be challenged in the same manner as an acknowledgement of paternity may be challenged pursuant to subsection (c-1)(2) of this section.".
(b) Section 16-909.01 is amended as follows:
(1) Subsection (a)(1) is amended to read as follows:
"(1)(A) A written statement of the father and mother signed in the District under oath (which may include signature in the presence of a notary) that acknowledges paternity; provided, that before the parents sign the acknowledgment, both have been given written and oral notice of the alternatives to, legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. Oral notice may be given through videotape or audiotape.
"(B) The acknowledgment shall include the full name, the social security number, the date of birth of the mother, father, and child, the addresses of the mother and father, the birthplace of the child, an explanation of the legal consequences of the affidavit, a statement indicating that both parents understand their rights, responsibilities, and the alternatives and consequences of signing the affidavit, the place the affidavit was completed, signature lines for the parents, and any other data elements required by federal law.
"(C) Nothing in this paragraph shall affect the validity of a voluntary acknowledgment of paternity executed before December 23, 1997, or preclude the submission of an acknowledgment of paternity that does not comply with the requirements of this paragraph as evidence of paternity in a judicial or administrative proceeding.
"(D) An acknowledgement signed in the District shall establish paternity pursuant to § 16-909(b-1)(2) unless it is proven that the requirements of this paragraph were not fully met; or".
(2) Subsection (b) is amended by striking the phrase "parent under" and inserting the phrase "parent pursuant to" in its place.
(c) Section 16-2342.01(a)(1) is amended by striking the phrase "; and" and inserting the phrase ", unless the acknowledgement was signed in the District and it is proven that the requirements of § 16-909.01(a)(1) were not fully met; and" in its place.
(d) Section 16-2343 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase "on the motion of a party" and inserting the phrase "on the motion of a party, any signatory to an acknowledgement of paternity or adjudication, the child whose parentage is at issue, or another individual who puts forth sufficient facts to claim they may be the biological parent of the child" in its place.
(B) Paragraph (2) is amended to read as follows:
"(2) A legal finding of paternity has been made pursuant to the laws and procedures of another state;".
(C) Paragraph (3) is repealed.
(2) Subsection (c)(2) is amended by striking the phrase "Where the District of Columbia is a party, the court" and inserting the phrase "The court" in its place.
(e) Section 16-2343.01(c)(3) is amended by striking the period and inserting the phrase ". Court-ordered DNA test results excluding a signatory of an acknowledgement of paternity or the subject of an adjudication as the father of a child or proving to a scientific certainty that a different individual is the child's biological parent shall constitute evidence of fraud, duress, or a material mistake of fact for the purposes of § 16-909(c-1)(2) and shall require the court to set aside the acknowledgment or adjudication." in its place.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of Columbia Register.
