SB 2877 — Paternity; authorize written declaration to establish.

SB2877 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Doty Senate Bill 2877 (As PassedSent theto Senate)Governor) AN ACT TO AMEND SECTIONS 43-19-33, 93-9-9 AND 93-9-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN AFFIRMATION OF PATERNITY OF A DEPENDENT CHILD CAN BE ESTABLISHED BY DECLARATION OF THE MOTHER OF THE DEPENDENT CHILD WITH A COURT OF COMPETENT JURISDICTION;

     (2)  In lieu of legal proceedings instituted to establish paternity, a written admission of paternity containing a stipulated agreement of support executed by the putative father of the dependent child, when accompanied by a written * * * affirmation of declaration in support of establishing paternity * * * executed and sworn to provided under penalty of perjury to the best of her knowledge, information and belief by the mother of the dependent child, when acknowledged by the putative father before a clerk of the court having jurisdiction over such matters or a notary public and filed with and approved by the judge of * * * said court the court having jurisdiction over such matters, shall have the same force and effect, retroactively and prospectively, in accordance with the terms of said agreement, as an order of filiation and support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases.

     (4)  Such agreements of support, acknowledgmentsacknowledgments, declarations and affirmations of paternity and support shallshall * * * be sworn to and shall be binding on the person executing the same whether he be an adult or a minor and may include provisions for the reimbursement of medical expenses incident to the pregnancy and birth of the child, accrued maintenance and reasonable expenses of any action previously filed before the court.

     (2)  If the alleged father in an action to determine paternity to which the Department of Human Services is a party fails to appear for a scheduled hearing after having been served with process or subsequent notice consistent with the Rules of Civil Procedure, his paternity of the child(ren) shall be established by the court if * * * an affidavit sworn to a written declaration in support of establishing paternity made under penalty of perjury to the best of her knowledge, information and belief by the mother averring the alleged father's paternity of the child has accompanied the complaint to determine paternity. * * *  Said affidavit  The written declaration shall constitute sufficient grounds for the court's finding of the alleged father's paternity without the necessity of the presence or testimony of the mother at the said hearing.  The court shall, upon motion by the Department of Human Services, enter a judgment of paternity.  Any person who shall willfully and knowingly file a false affidavit or makewho shall willfully, intentionally and knowingly file a false written declaration under penalty of perjury shall be subject to a fine of not more than One Thousand Dollars ($1,000.00).

     93-9-21.  (1)  (a)  In all cases brought pursuant to Title IV-D of the Social Security Act, upon * * * sworn documentation by written declarations of the mother, putative father, or the Department of Human Services made under penalty of perjury to the best of his or her knowledge, information and belief alleging paternity, the department may issue an administrative order for paternity testing which requires the mother, putative father and minor child to submit themselves for paternity testing.testing.  The department shall send the putative father a copy of the Administrative Order and a Notice for Genetic Testing which shall include the date, time and place for collection of the putative father's genetic sample.  The department shall also send the putative father a Notice and Complaint to Establish Paternity which shall specify the date and time certain of the court hearing by certified mail, restricted delivery, return receipt requested.  Notice shall be deemed complete as of the date of delivery as evidenced by the return receipt.

 The department shall send the putative father a copy of the Administrative Order and a Notice for Genetic Testing which shall include the date, time and place for collection of the putative father's genetic sample.  The department shall also send the putative father a Notice and Complaint to Establish Paternity which shall specify the date and time certain of the court hearing by certified mail, restricted delivery, return receipt requested.  Notice shall be deemed complete as of the date of delivery as evidenced by the return receipt.  The required notice may also be delivered by personal service upon the putative father in accordance with Rule 4 of the Mississippi Rules of Civil Procedure insofar as service of an administrative order or notice is concerned.