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HB 0158 - Parent and child; legitimation; clarify methods; change provisions

Tracking Level: Monitor
Sponsor: Willard,Wendell 49th
Last Action: 2/12/2008 - Senate Read and Referred
House Committee: Judy
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

HB 158 Amends Chapter 7 of Title 19 to clarify methods of legitimation of a child. It defines ‘acknowledgement of legitimation’ and ‘Legal father’. Provides that prior to a child’s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity which includes an acknowledgment of legitimation and which has been made and has not been rescinded. Voluntary acknowledgment of legitimation shall not be recognized if the mother was married to another man when the child was born, the mother was married to another man at any time within the usual period of gestation, there is another legal father, the mother has voluntarily and in writing surrendered all of her parental rights and has not withdrawn her surrender as permitted, the mother has signed a voluntary acknowledgment of legitimation with another man, or the child is one year of age or older. Voluntary acknowledgement does not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation. A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child’s mother or other guardian. Upon the presentation and filing of the petition, the court may pass an order declaring the father’s relationship with the child to be legitimate, provided that such is in the best interest of the child. Acknowledgement of paternity shall not constitute a legal determination of legitimation. The definition of ‘legal father’ is expanded to include a man who has legitimated.


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