MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 41-57-14, MISSISSIPPI CODE OF 1972, TO REVISE THE INFORMATION TO BE LISTED ON A CERTIFICATE OF BIRTH UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 93-9-2, MISSISSIPPI CODE OF 1972, TO PROHIBIT DISCRIMINATION BASED ON THE MARITAL STATUS OF A PERSON'S PARENTS; TO AMEND SECTION 93-9-9, MISSISSIPPI CODE OF 1972, TO AMEND THE DETERMINATION OF A CHILD'S SURNAME TO CONFORM; TO PROVIDE THAT THIS ACT WILL NOT AFFECT ANY PROVISION OF LAW CONCERNING SURROGACY, ASSISTED REPRODUCTION, OR TERMINATION OF PARENTAL RIGHTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-57-14, Mississippi Code of 1972, is amended as follows:
41-57-14. (1) (a)
If the mother was married at the time of either conception or birth, or at any
time between conception and birth, the name of the * * * spouse shall be entered on the
certificate of birth as * * *the father a parent of the child. The social security
number of each parent of a child born within this state shall be furnished to
the local registrar of vital records at the time of filing the certificate of
birth, but such information shall not appear on the portion of the certificate
to be issued as a certified copy. Such information shall be sent to the Office
of Vital Records Registration of the State Department of Health along with the
certificate of birth and shall be retained by the office. The information
shall not be disclosed to any person except as authorized by * * * subsection (2) of this
section or as allowed by Section 41-57-2.
(b) An alleged biological father who is not the spouse of the mother and who has obtained an order of paternity entered by a court of competent jurisdiction shall be entered on the certificate of birth as a parent.
(2) The Office of Vital
Records Registration shall make available to the Division of Child Support
Enforcement of the Mississippi Department of Human Services information
concerning the names and social security numbers of the parents obtained under
the requirements of * * * subsection (1) for the use in establishing
paternity or enforcing child support obligations. Information obtained by the
Division of Child Support Enforcement under this section may be used in any
action or proceeding before any court, administrative tribunal, or other
proceeding for the purpose of establishing paternity, establishing a child
support obligation, collecting child support or locating persons owing such an
obligation.
(3) Nothing contained in this section shall be construed to affect any provision of law concerning surrogacy, assisted reproduction, or the termination of parental rights.
SECTION 2. The following shall be codified as Section 93-9-2, Mississippi Code of 1972:
93-9-2. No discrimination based on marital status of parent. A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent.
SECTION 3. Section 93-9-9, Mississippi Code of 1972, is amended as follows:
93-9-9. (1) Paternity may
be determined upon the petition of the mother, * * * father, alleged father, the child,
or any public authority chargeable by law with the support of the child; * * * but such an adjudication
after the death of * * * an alleged father must be made only upon clear and
convincing evidence. If paternity has been lawfully determined, or has been
acknowledged in writing according to the laws of this state, the liabilities of
the noncustodial parent may be enforced in the same or other proceedings by the
custodial parent, the child, or any public authority which has furnished or may
furnish the reasonable expenses of pregnancy, confinement, education, necessary
support and maintenance, and medical or funeral expenses for the custodial
parent or the child. The trier of fact shall receive without the need for
third-party foundation testimony certified, attested or sworn documentation as
evidence of (a) childbirth records; (b) cost of filing fees; (c) court costs;
(d) services of process fees; (e) mailing cost; (f) genetic tests and testing
fees; (g) the department's attorney's fees; (h) in cases where the state or any
of its entities or divisions have provided medical services to the child or the
child's mother, all costs of prenatal care, birthing, postnatal care and any
other medical expenses incurred by the child or by the mother as a consequence
of the mother's pregnancy or delivery; and (i) funeral expenses. All costs and
fees shall be ordered paid to the Department of Human Services in all cases
successfully prosecuted with a minimum of Two Hundred Fifty Dollars ($250.00)
in attorney's fees or an amount determined by the court without submitting an
affidavit. Proceedings may be instituted at any time until such child attains
the age of twenty-one (21) years unless the child has been emancipated as
provided in Section 93-5-23 and Section 93-11-65. In the event of court-determined
paternity, the surname of the child shall be * * * determined by the court according to the best interests
of the child.
(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 by the mother averring the alleged father's paternity of the child has accompanied the complaint to determine paternity. Said affidavit 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 shall be subject to a fine of not more than One Thousand Dollars ($1,000.00).
(3) Upon application of * * * the parents to the State Board of
Health and receipt by the State Board of Health of a sworn acknowledgement of
paternity executed by * * *
the parents subsequent to the birth of a child * * *, the birth certificate of
the child shall be amended to show such paternity if paternity is not shown on
the birth certificate. Upon request of the parents for the legitimization of a
child under this section, the surname of the child shall be * * *
the name agreed to by the parents.
(4) (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(i) One (1) year; or
(ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
(b) After the
expiration of the one-year period specified in * * * paragraph (a)(i) of this
subsection, a signed voluntary acknowledgment of paternity may be
challenged in court only on the basis of fraud, duress or material mistake of
fact, with the burden of proof upon the challenger; the legal responsibilities,
including child support obligations, of any signatory arising from the
acknowledgment may not be suspended during the pendency of the challenge,
except for good cause shown.
(c) During the one-year
time period specified in * * * subsection (4) paragraph (a)(i) of this subsection,
the alleged father may request genetic testing through the Department of Human
Services in accordance with the provisions of Section 93-9-21.
(d) The one-year time
limit, specified in * * * paragraph (a)(i) of this subsection,
for the right of the alleged father to rescind the signed voluntary
acknowledgement of paternity shall be tolled from the date the alleged father
files his formal application for genetic testing with the Department of Human
Services until the date the test results are revealed to the alleged father by
the department. After the one-year time period has expired, not including any
period of time tolled for the purpose of acquiring genetic testing through the
department, the provisions of * * * paragraph (a)(i) of this
subsection shall apply.
(5) Nothing contained in this section shall be construed to affect any provision of law concerning surrogacy, assisted reproduction, or the termination of parental rights.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.