(a) Where a public support burden has been incurred or is threatened, or where an individual seeks assistance pursuant to part D in title IV of the Social Security Act approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), the Corporation Counsel or an assistant may bring a civil action in the Family Division to enforce support of any parent or child against an absent parent.
(b) In all cases over which the Division has jurisdiction under paragraphs (3), (4), (10), and (11) of section 11-1101, where the court deems it necessary and proper, an attorney shall be appointed by the court to represent the respondent.
(c) Nothing in this section shall be construed to interfere with the right of an individual to file a civil action over which the Division has jurisdiction under the paragraphs of section 11-1101 referred to in subsection (b).
(Dec. 23, 1963, 77 Stat. 591, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(a), 23 DCR 2544; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(6), 33 DCR 6710; Mar. 24, 1998, D.C. Law 12-81, § 10(ff), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2341.
1973 Ed., § 16-2341.
Legislative History of Laws
Law 1-87, the "Anti-Sex Discriminatory Language Act," was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1-143 and transmitted to both Houses of Congress for its review.
Law 6-166, the "District of Columbia Child Support Enforcement Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-134, which was referred to the Committee on Human Services and reassigned to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 8, 1986, and September 23, 1986, respectively. Signed by the Mayor on October 9, 1986, it was assigned Act No. 6-212 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.
(a) A proceeding to determine parentage may be brought by the District of Columbia, a person whose parentage of the child is to be adjudicated, a child's mother, putative father, guardian, legal or physical custodian, the IV-D agency, the person whose parentage is to be determined, if an adult, or a licensed child-placing agency.
(b) A proceeding to determine parentage and provide for the support of a child with no presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2) may be instituted after four months of pregnancy or at anytime until the child's twenty-first birthday.
(c) Except as otherwise provided in subsection (d) of this section, a proceeding to rebut the presumption of parentage of a child having a presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2) shall be commenced not later than 2 years after the birth of the child, after which time the presumption becomes conclusive.
(d) A proceeding seeking to disprove the parent-child relationship between a child and the child's presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2) may be maintained at any time if the court determines that the presumed parent did not live with the child's mother during the 300 days before the birth of the child and never openly held out the child as his or her own.
(Dec. 23, 1963, 77 Stat. 591, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(b), 23 DCR 2544; Sept. 26, 1984, D.C. Law 5-123, § 2, 31 DCR 4056; Apr. 3, 2001, D.C. Law 13-269, § 106(k), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(h), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2342.
1973 Ed., § 16-2342.
Effect of Amendments
D.C. Law 13-269 rewrote the section heading which formerly read: "Time of bringing complaint.", redesignated former subsec. (a) as subsec. (b); added subsec. (a); and, in subsec. (b), inserted "This section shall apply, as of August 16, 1984, to the establishment of paternity of a child for whom paternity has not been established or for whom a paternity action was brought but dismissed because a statute of limitations of less than 21 years was then in effect in the jurisdiction in which the action was brought."
D.C. Law 18-33 rewrote the section, which had read as follows:
"(a) A proceeding to determine parentage may be brought by the District of Columbia, a person whose parentage of the child is to be adjudicated, a child's mother, putative father, guardian, legal or physical custodian, the IV-D agency, the person whose parentage is to be determined, if an adult, or a licensed child-placing agency.
"(b) Proceedings over which the Division has jurisdiction under D.C. Official Code, sec. 11-1101(3) and (11) to establish parentage and provide for the support of a child may be instituted after four months of pregnancy or at anytime until the child's twenty-first birthday. This section shall apply, as of August 16, 1984, to the establishment of paternity of a child for whom paternity has not been established or for whom a paternity action was brought but dismissed because a statute of limitations of less than 21 years was then in effect in the jurisdiction in which the action was brought."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 5(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For the temporary amendment of section, see § 5(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(m) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(m) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(m) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(m) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(m) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 105(m) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 105(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(k) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
For legislative history of D.C. Law 5-123, see Historical and Statutory Notes following § 16-2343.1 [1981 Ed.].
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
(a) The voluntary acknowledgment of paternity pursuant to section 16- 909.01(a)(1) shall:
(1) Create a conclusive presumption of paternity, consistent with § 16- 909.01(b), which shall be admissible as evidence of paternity; and
(2) Be recognized as a basis for seeking a child support obligation without requiring any further proceeding to establish paternity.
(b) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity pursuant to section 16- 909.1(a)(1).
(c) The IV-D agency is authorized to obtain voluntary acknowledgments of paternity in a manner that complies with the same requirements that apply to birthing hospitals as set forth in section 16-909.03.
(d) An acknowledgment shall be admissible in any judicial proceeding to determine parentage.
(Mar. 16, 1995, D.C. Law 10-223, § 2(h), 41 DCR 8051; Apr. 3, 2001, D.C. Law 13-269, § 106(l), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(i), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2342.1.
Effect of Amendments
D.C. Law 13-269 designated the initial paragraph as subsec. (a) and added subsecs. (b), (c), and (d).
D.C. Law 18-33, in subsec. (a)(1), substituted "paternity, consistent with § 16-909.01(b)," for "paternity,".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 5(o) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(o) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), § 5(o) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
Section 15 of D.C. Act 12-503 provides for the application of the act.
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(n) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 105(n) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 105(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(l) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
Law 10-223, the "Paternity Establishment Act of 1994," was introduced in Council and assigned Bill No. 10-777, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1994, it was assigned Act No. 10-360 and transmitted to both Houses of Congress for its review. D.C. Law 10-223 became effective on March 16, 1995.
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Miscellaneous Notes
Mayor authorized to issue rules: Section 3 of D.C. Law 10-223 provided that, pursuant to Chapter 15 of Title 1 [Chapter 5 of Title 2, 2001 Ed.], the Mayor may issue rules to implement the provisions of the act.
Section 28(c)(6) of D.C. Law 15-354 provides that the section designation of § 16-2342.1 of the District of Columbia Official Code is redesignated as § 16-2342.01.
(a) When the Division has jurisdiction of actions or proceedings under section 11-1101, the court, on its own motion, may require, or, on the motion of a party, shall require, the child and all other parties to submit to medical or genetic tests, unless:
(1) A party has established or is awaiting determination of a claim of good cause for failure to cooperate with paternity establishment pursuant to section 4-217.09;
(2) A legal finding of paternity has been made by a court or administrative entity of competent jurisdiction and has not been overturned on appeal, unless a party has made a showing pursuant to Superior Court Domestic Relations Rule 60(b) or section 16-909(c-1) (or the applicable rule of another jurisdiction, if the finding was made in another state) that supports setting aside the judgment, and genetic or medical testing would aid in resolving whether the judgment should be set aside;
(3) The parties have signed a voluntary acknowledgment of paternity pursuant to section 16-909.01(a) or the law and procedures of another state, after December 23, 1997, and have not made a legally-effective rescission of the acknowledgment;
(4) The child was conceived through artificial insemination and the donor is not a parent pursuant to § 16-909(e)(2); or
(5) The child has a presumed parent under § 16-909(a) (1) through (4) or § 16-909(a-1)(2) and no proceeding to rebut the presumption was filed within the time provided in § 16-2342(c) or (d).
(a-1)(1) When a child does not have a presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2), the IV-D agency shall require the child and all other parties to submit to medical or genetic tests, subject to exemptions for good cause pursuant to section 4-217.09, if:
(A) A party submits a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
(B) A party contests an original test result and seeks additional testing, upon request and advance payment by the contestant.
(2) In all other cases in which a child does not have a presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1) (2), the IV-D agency may require the child and all other parties to submit to medical or genetic tests when paternity is contested, subject to exemptions for good cause pursuant to section 4-217.09.
(b)(1) Tests shall be performed by persons qualified as examiners of genetic markers present in the human body.
(2) The examiners may be appointed by the court, the IV-D agency, or chosen by consent of the parties.
(c)(1) Except as provided pursuant to subsection (a-1)(1)(B) of this section, the costs of any medical or genetic tests ordered by the IV-D agency shall be paid by the IV-D agency, subject to recoupment from the putative father if paternity is established. The costs of any medical or genetic tests not ordered by the IV-D agency, and the costs of any expert witness appointed by the court shall be paid by the parties.
(2) Where the District of Columbia is a party, the court may order that the District of Columbia pay the costs upon a finding that the alleged parent does not have sufficient resources to pay the costs.
(Dec. 23, 1963, 77 Stat. 591, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(c), 23 DCR 2544; Sept. 26, 1984, D.C. Law 5-123, § 3, 31 DCR 4056; Apr. 30, 1988, D.C. Law 7-104, § 4(r), 35 DCR 147; May 15, 1990, D.C. Law 8-126, § 2(a), 37 DCR 2091; Apr. 3, 2001, D.C. Law 13-269, § 106(m), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(j), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2343.
1973 Ed., § 16-2343.
Effect of Amendments
D.C. Law 13-269 rewrote subsec. (a) which formerly read:
"(a)(1) When the Division has jurisdiction of actions or proceedings under section 11-1101, the court, on its own motion, may require, or on the motion of a party, shall require the child, the mother, an alleged parent, or the other parent to submit to medical, genetic blood or tissue grouping tests.
"(2) The tests may include the human leukocyte antigen test."
; added subsec. (a-1); in subsec. (b)(2) inserted "or the IV-D agency," following "court", and rewrote subsec. (c)(1) which formerly read:
"(c)(1) The costs for the tests and expert witness appointed by the court shall be paid by the parties."
D.C. Law 18-33, in subsec. (a), deleted "or" at the end of par. (3), rewrote par. (4), and added par. (5); and, in subsec. (a-1), substituted "When a child does not have a presumed parent under § 16-909(a)(1) through (4) or § 16-909(a-1)(2), the IV-D agency" for "The IV-D agency" in par. (1), and substituted "In all other cases in which a child does not have a presumed parent under § 16- 909(a)(1) through (4) or § 16-909(a-1) (2)" for "In all other cases".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(in) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 5(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 5(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 5(n) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923), § 5(n) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(n) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(n) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(o) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 105(o) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 105(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(m) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
For legislative history of D.C. Law 5-123, see Historical and Statutory Notes following § 16-2343.01.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-2316.
Law 8-72, the "Genetic Tests for the Establishment of Paternity Amendment Temporary Act of 1989," was introduced in Council and assigned Bill No. 8-429. The Bill was adopted on first and second readings on October 24, 1989, and November 7, 1989, respectively. Signed by the Mayor on November 13, 1989, it was assigned Act No. 8-111 and transmitted to both Houses of Congress for its review. D.C. Law 8-72 became effective on March 8, 1990.
Law 8-126, the "Genetic Tests for the Establishment of Paternity Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-336, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 13, 1990, and February 27, 1990, respectively. Signed by the Mayor on March 15, 1990, it was assigned Act No. 8-179 and transmitted to both Houses of Congress for its review.
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Editor's Notes
Section 4(r) of D.C. Law 7-104 purported to substitute "Department of Human Services" for "Department of Public Health" apparently without regard to the amendment to this section by D.C. Law 5-123.
(a)(1) Expert reports that show the statistical probability of the alleged parent's paternity may be admissible into evidence.
(2) Certified documentation of the chain of custody of the test specimens is competent evidence to establish the chain of custody.
(3) Test results that show the statistical probability of the alleged parent's paternity shall be admitted into evidence unless a substantiated objection is made that the test did not comply with the requirements of this subchapter.
(b)(1) If the test results or the expert's analysis of the test results are disputed, a party must file its specific objections in writing with the court within 45 days of the date the results were mailed by the court to the party.
(2) The court shall not accept objections made less than 5 days prior to the date of trial.
(c) Unless a party timely objects pursuant to subsection (b) of this section, the following apply:
(1) The parties waive their objections to the testing procedures, the admission into evidence of the results of the test and the report on the statistical probability of paternity.
(2) The verified results of the tests and the report are admissible into evidence at a hearing or other proceeding without need for foundation testimony or other proof of authenticity or accuracy regardless of the presence or non-presence of parties having notice of the action.
(3) Whenever the results of the tests and report exclude the alleged parent as the parent of the child, that evidence shall be conclusive evidence of nonpaternity, unless contrary test results are received.
(d)(1) If the results of the tests and report of the evidence relating to the alleged parent's paternity of the child are disputed, the court, absent an agreement between the parties, shall resolve all disputes.
(2) The court may order that additional tests be made at the expense of the objecting party.
(e)(1) When a child has no presumed parent under § 16-909(a)(1) through (4) or under § 16-909(a-1)(2) and a genetic test result indicates a 99% probability that the putative father is the father of the child, if the genetic test is of the type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and is performed by a laboratory approved by such body, there is a conclusive presumption of paternity and the Court shall enter a judgment finding the parentage of the child consistent with such result, upon the submission of the result and a certifying affidavit from the laboratory, subject to the determination of any objection properly filed pursuant to subsection (b) of this section.
(2) When a child has a presumed parent under § 16-909(a)(1) through (4) or under § 16-909(a-1)(2) and a genetic test result indicates a 99% probability that the putative father is the father of the child, if the genetic test is of the type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and is performed by a laboratory approved by such body, the Court shall determine parentage giving due consideration to the child's interests and the duration and stability of the relationship between the child, the presumed parent, and the putative parent.
(f) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of the amounts incurred for such services or for testing on behalf of the child.
(Sept. 26, 1984, D.C. Law 5-123, § 3, 31 DCR 4056; Mar. 8, 1990, D.C. Law 8-72, § 2(b), 36 DCR 8008; May 15, 1990, D.C. Law 8-126, § 2(b), 37 DCR 2091; Mar. 16, 1995, D.C. Law 10-223, § 2(i), 41 DCR 8051; Apr. 3, 2001, D.C. Law 13-269, § 106(n), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(k), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2343.1.
Effect of Amendments
D.C. Law 13-269 rewrote subsec. (e) which formerly read:
"(e) A conclusive presumption of paternity shall be created upon a genetic test result and an affidavit from a laboratory, certified by the American Association of Blood Banks, that indicates a 99% probability that the putative father is the father of the child and the Division shall enter a judgment finding the parentage of the child."
; and added subsec. (f).
D.C. Law 18-33 rewrote subsec. (e), which had read as follows:
"(e) A genetic test result that indicates a 99% probability that the putative father is the father of the child shall create a conclusive presumption of paternity if the genetic test is of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and is performed by a laboratory approved by such a body. The Court shall enter a judgment finding the parentage of the child consistent with such result, upon the submission of the result and a certifying affidavit from the laboratory, subject to the determination of any objection properly filed pursuant to subsection (b) of this section."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
Emergency Act Amendments
For temporary amendment of section, see § 5(p) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(p) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), § 5(p) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(p) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(p) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 105(p) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 105(p) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(n) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
Law 5-123, the "Percentage and Support Proceedings Reform Act of 1984," was introduced in Council and assigned Bill No. 5-366, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 12, 1984, and June 26, 1984, respectively. Signed by the Mayor on July 13, 1984, it was assigned Act No. 5-175 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-72, see Historical and Statutory Notes following § 16-2343.
For legislative history of D.C. Law 8-126, see Historical and Statutory Notes following § 16-2343.
For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-2342.01.
For legislative history of D.C. Law 12-210, see Historical and Statutory Notes following § 16-2342.
For D.C. Law 13-207, see notes following § 16-901.
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Miscellaneous Notes
Mayor authorized to issue rules: See note to § 16-2342.01.
Section 28(c)(7) of D.C. Law 15-354 provides that the section designation of § 16-2343.1 of the District of Columbia Official Code is redesignated as § 16-2343.01.
If any party refuses to submit to a test the party may be punished by contempt or by other sanctions that the court considers appropriate.
(Sept. 26, 1984, D.C. Law 5-123, § 3, 31 DCR 4056.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2343.2.
Legislative History of Laws
For legislative history of D.C. Law 5-123, see Historical and Statutory Notes following § 16-2343.01.
Miscellaneous Notes
Section 28(c)(7) of D.C. Law 15-354 provides that the section designation of § 16-2343.2 of the District of Columbia Official Code is redesignated as § 16-2343.02.
If a respondent fails to appear at a hearing in any case in which parentage is at issue, a default order shall be entered upon a showing that (1) the respondent was served with notice of the action by any method permitted pursuant to section 46-206(b), and (2) that the respondent received actual notice of the first, or any other hearing, where parentage is at issue which the respondent failed to attend. An ex parte hearing shall not be required before the entry of a default order.
(Mar. 16, 1995, D.C. Law 10-223, § 2(j), 41 DCR 8051; July 25, 1995, D.C. Law 11-30, § 14, 42 DCR 1547; Apr. 18, 1996, D.C. Law 11-110, § 66, 43 DCR 530; Apr. 3, 2001, D.C. Law 13-269, § 106(o), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(l), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2343.3.
Effect of Amendments
D.C. Law 13-269 rewrote the section which formerly read:
"In the event the defendant fails to appear, a default order shall be entered in a paternity case upon a showing of service of process on the defendant."
D.C. Law 18-33 substituted "respondent" for "putative father", "parentage" for "paternity", and "the respondent" for "he".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 5(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Temporary Addition of Section
For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
Emergency Act Amendments
For temporary amendment of section, see § 5(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), and § 5(o) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923).
For temporary amendment of section, see § 5(q) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), § 5(q) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
Section 15 of D.C. Act 12-503 provides for the application of the act.
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.
For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.
For temporary (90-day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90-day) addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the same Act.
For temporary (90 day) amendment of section, see § 105(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(o) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 10-223, see Historical and Statutory Notes following § 16-2342.01.
Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 7, 1995 and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, it was assigned Act No. 11-32 and transmitted to both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995.
For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 16-2301.
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Miscellaneous Notes
Mayor authorized to issue rules: See note to § 16-2342.01.
Section 28(c)(7) of D.C. Law 15-354 provides that the section designation of § 16-2343.3 of the District of Columbia Official Code is redesignated as § 16-2343.03.
The parties to an action to establish parentage are not entitled to a jury trial.
(Apr. 3, 2001, D.C. Law 13-269, § 106(p), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(m), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-33 substituted "parentage" for "paternity".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary addition of § 16-2343.4 [1981 Ed.], see § 5(r) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(r) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(r) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary addition of § 16-2343.4 [1981 Ed.], see § 105(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90 day) addition of section, see § 105(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(p) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Upon trial or proceedings over which the Division has jurisdiction under paragraph (3), (4), (10), or (11) of section 11-1101, the court may exclude the general public and, at the request of either party, shall exclude the general public.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2344.
1973 Ed., § 16-2344.
(a) When a certified copy of a marriage certificate is submitted to the Registrar, establishing that the previously unwed parents of a child born out of wedlock have intermarried subsequent to the birth of the child, and the parentage of the child has been judicially determined or acknowledged by each of the parents, or when the parenthood of a child born out of wedlock has been established by judicial process or by acknowledgement by the person whose parenthood is thus determined, or when an agreement and affidavit that meet the requirements of section 16-909.01(a)(2) are submitted to the Registrar, or when a consent to parent a child born by artificial insemination pursuant to § 16-909(e)(1)(A) and § 7-205(e)(3A), is submitted to the Registrar, a new certificate of birth bearing the original date of birth and the names of both parents shall be issued and substituted for the certificate of birth then on file. The new birth certificate shall nowhere on its face show that the parentage has been established by judicial process or by acknowledgement. The original certificate of birth and all papers pertaining to the issuance of the new certificate shall be placed under seal and opened for inspection only upon order of the Family Division.
(b) Voluntary acknowledgments and adjudications of paternity by administrative processes that meet federal requirements and are obtained in accordance with sections 16-909.03 through 16-909.05 and 16-2342.01(c), shall be filed with the Registrar of Vital Records.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(d), 23 DCR 2544; Apr. 7, 1977, D.C. Law 1-107, title I, § 112, 23 DCR 8737; Oct. 8, 1981, D.C. Law 4-34, § 29(g), 28 DCR 3271; Aug. 17, 1991, D.C. Law 9-39, § 2(e), 38 DCR 4970; Apr. 9, 1997, D.C. Law 11-255, § 18(i), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 10(gg), 45 DCR 745; Apr. 20, 1999, D.C. Law 12-264, § 57(b)(1), 46 DCR 2118; Apr. 3, 2001, D.C. Law 13-269, § 106(q), 48 DCR 1270; July 18, 2009, D.C. Law 18-33, § 3(n), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2345.
1973 Ed., § 16-2345.
Effect of Amendments
D.C. Law 13-269 designated existing text as subsec. (a) and added subsec. (b).
D.C. Law 18-33, in the section heading, deleted "natural" preceding "parents"; and, in subsec. (a), substituted "the requirements of section 16-909.01(a)(2) are submitted to the Registrar, or when a consent to parent a child born by artificial insemination pursuant to § 16-909(e)(1)(A) and § 7-205(e)(3A), is submitted to the Registrar," for "the requirements of section 16-909.01(a)(2) are submitted to the Registrar,".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 5(v) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(v) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(v) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(s) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(s) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 105(s) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 105(s) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(q) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
Law 1-107, the "Marriage and Divorce Act," was introduced in Council and assigned Bill No. 1-89, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on amended first readings on July 27, 1976, and September 15, 1976, and second readings on November 22, 1976, and December 7, 1976. Signed by the Mayor on January 4, 1977, it was assigned Act No. 1-193 and transmitted to both Houses of Congress for its review.
Law 4-34, the "Vital Records Act of 1981," was introduced in Council and assigned Bill No. 4-161, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 16, 1981, and June 30, 1981, respectively. Signed by the Mayor on July 20, 1981, it was assigned Act No. 4-58 and transmitted to both Houses of Congress for its review.
Law 9-5, the "District of Columbia Paternity Establishment Temporary Act of 1991," was introduced in Council and assigned Bill No. 9-142. The Bill was adopted on first and second readings on March 5, 1991, and April 9, 1991, respectively. Signed by the Mayor on April 26, 1991, it was assigned Act No. 9- 20 and transmitted to both Houses of Congress for its review.
Law 9-39, the "District of Columbia Paternity Establishment Act of 1991," was introduced in Council and assigned Bill No. 9-2, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9-76 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-2309.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.
Law 12-264, the "Technical Amendments Acts of 1998," was introduced in Council and assigned Bill No. 12-804. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
(a) Upon entry of a final judgment determining the parentage of a child, the clerk of the court shall forward a certificate to the Registrar of the District of Columbia, or his authorized representative in the jurisdiction in which the child was born, giving the names of the persons adjudged to be the parents of the child.
(b) Repealed.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 545, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(e), 23 DCR 2544; Oct. 8, 1981, D.C. Law 4-34, § 29(h), 28 DCR 3271; July 18, 2008, D.C. Law 18-33, § 3(o), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2346.
1973 Ed., § 16-2346.
Effect of Amendments
D.C. Law 18-33, in subsec. (a), deleted "born out of wedlock" following "child", and substituted "parents" for "father and mother".
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 16-2345.
For Law 18-33, see notes following § 16-308.
If the respondent dies after parentage has been established and prior to the time the child reaches the age at which the child ceases to be a minor, any sums due and unpaid under an order of the court at the time of his or her death shall constitute a valid claim against his or her estate.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 545, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(f), 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2347.
1973 Ed., § 16-2347.
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
(a) Except on order of the Family Division, no records in a case over which the Division has jurisdiction under section 11-1101(11) shall be open to inspection by anyone other than the plaintiff, respondent, their attorneys of record, the IV-D agency, or authorized professional staff of the Superior Court. Any inspection shall be subject to the safeguards provided by section 16-925. The Family Division, upon proper showing, may authorize the furnishing of certified copies of the records or portions thereof to the respondent, the other parent, or custodian of the child, a party in interest, or their duly authorized attorneys. Certified copies of the records or portions thereof may be furnished, upon request, to the IV-D agency and the Corporation Counsel for use as evidence in nonsupport proceedings and to the Registrar as provided by section 16-2346(a).
(b) No person shall disclose, receive, or use records in violation of this section. Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information in violation of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250 or imprisoned not more than ninety days, or both. Violations of this section shall be prosecuted by the Corporation Counsel in the name of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 545, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(g), 23 DCR 2544; Oct. 8, 1981, D.C. Law 4-34, § 29(a), 28 DCR 3271; Apr. 30, 1988, D.C. Law 7-104, § 4(s), 35 DCR 147; Apr. 3, 2001, D.C. Law 13-269, § 106(r), 48 DCR 1270.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2348.
1973 Ed., § 16-2348.
Effect of Amendments
D.C. Law 13-269, in subsec. (a), added "the IV-D agency," following "attorneys of record,"; added "Any inspection shall be subject to the safeguards provided by section 16-925." following the first sentence and added "the IV-D agency and" following "furnished, upon request, to".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 5(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 105(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 105(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 5(p) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), and § 5(p) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12- 309, March 20, 1998, 45 DCR 1923).
Section 16 of D.C. Act 12-309 provided for the application of the act.
For temporary amendment of section, see § 5(s) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(s) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(s) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606). For temporary (90-day) addition of §§ 16-2349 and 16-2349.1 [1981 Ed.], see § 105(u), (t) of the same Act.
For temporary (90-day) amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678). For temporary (90-day) addition of §§ 16-2349 and 16-2349.1 [1981 Ed.], see § 105(u), (t) of the same Act.
For temporary (90-day) amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581). For temporary (90-day) addition of §§ 16-2349 and 16-2349.1, see § 105(u), (t) of the same Act.
For temporary (90 day) amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(r) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 16-2341.
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 16-2345.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-2316.
For D.C. Law 13-269, see notes following § 16-901.
Editor's Notes
Section 4(s) of D.C. Law 7-104 purported to substitute "Director of the Department of Human Services" for "Director of Public Health" in subsection (a) apparently without regard to the amendment of this section by D.C. Law 4-34.
The social security number of the parents and child who are parties to a parentage determination or acknowledgment shall be included in the Superior Court and IV-D agency records relating to the determination or acknowledgment.
(Apr. 3, 2001, D.C. Law 13-269, § 106(s), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(p), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-33, in the section heading, substituted "parentage" for "paternity"; substituted "parents" for "mother, father," and "parentage" for "parents".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 5(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) addition of section, see § 5(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 105(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary addition of § 16-2349 [1981 Ed.], see § 5(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary addition of § 16-2349 [1981 Ed.] and 16-2349.1 [1981 Ed.], see § 5(q) and (r) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923).
For temporary addition of § 16-2349 [1981 Ed.] and 16-2349.1 [1981 Ed.], see § 5(t) and (u) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(t) and (u) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(t) and (u) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary addition of § 16-2349 [1981 Ed.], see § 105(u) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90 day) amendment of section, see § 105(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 105(u) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 106(s) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Upon motion of a party in a parentage or support action or proceeding, the Superior Court shall issue an order of child support pending a determination of parentage if there is clear and convincing evidence of parentage. Evidence of parentage may include a genetic test result that does not create a conclusive presumption of parentage pursuant to section 16-909(b-1)(1).
(Apr. 3, 2001, D.C. Law 13-269, § 106(t), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(q), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-33 substituted "parentage" for "paternity".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) addition of section, see § 5(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 105(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary addition of § 16-2349.1 [1981 Ed.], see § 5(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. 12- 222, December 23, 1997, 44 DCR 114).
For temporary addition of § 16-2349.1 [1981 Ed.], see § 105(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90 day) addition of section, see § 105(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(t) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For D.C. Law 13-269, see notes following § 16-901.
For Law 18-33, see notes following § 16-308.
Miscellaneous Notes
Section 28(c)(8) of D.C. Law 15-354 provides that the section designation of § 16-2349.1 of the District of Columbia Official Code is redesignated as § 16-2349.01.
