House Bill 841

(As Passed the House)

AN ACT TO AMEND SECTION 93-9-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO STATISTICALLY REPORT PUTATIVE PATERNITY TO THE FEDERAL GOVERNMENT UNDER CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-9-27, Mississippi Code of 1972, is amended as follows:

93-9-27. (1) If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If an expert concludes that the blood or other tests show the probability of paternity, that evidence shall be admitted.

(2) There shall be a rebuttable presumption of paternity, affecting the burden of proof, * * * if the court finds that the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-eight percent (98%) or greater. This presumption may only be rebutted by a preponderance of the evidence.

(3) Parties to an action to establish paternity shall not be entitled to a jury trial.

(4) The Department of Human Services may statistically report as positive, to the Administration for Children and Families within the United States Department of Health and Human Services, any putative paternity if the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-nine percent (99%) or greater, subject only to a later determination of nonpaternity ordered by a court under this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.