SCS/SB 55 - This act provides that a petitioner may at any time file a petition to challenge entry of a judgment of paternity and child support upon filing an affidavit stating that evidence exists which was not considered before entry of judgment. Such petition shall also include either an allegation that genetic testing was conducted within the past 90 days using DNA methodology, was performed by an expert, and that the test results indicate a 99% or greater probability that the petitioner is not the child's father or a request to the court for an order of genetic paternity testing using DNA methodology. The court, after a hearing where all interested parties have been given an opportunity to present evidence and be heard and upon a finding of probable cause to believe the testing may result in a determination of non-paternity, may order the relevant parties to submit to genetic paternity testing. The petitioner shall pay for the costs of testing.
The court shall grant relief and enter judgment setting aside the previous judgment of paternity and child support, including a previous acknowledgment of paternity, extinguish any existing child support arrearage, and order the department of health and senior services to modify the child's birth certificate accordingly upon a finding that the genetic test was properly conducted, accurate, and indicates a 99% or greater probability that the petitioner is not the child's father. The provisions of this act shall not apply to grant relief to the parent of any adopted child.
ADRIANE CROUSE