§ 16-2342.01. Voluntary acknowledgement of paternity.

Current through October 23, 2012

(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.

                
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(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.