HOUSE BILL NO. 3197 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RUSH.
6237H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 454, RSMo, by adding thereto one new section relating to genetic testing.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 454, RSMo, is amended by adding thereto one new section, to be 2 known as section 454.486, to read as follows: 454.486. 1. As used in this section, the following terms mean: 2 (1) "Absent parent", a parent not residing with or not providing direct care for a 3 child at birth; 4 (2) "Genetic test", a DNA-based paternity test administered by a hospital or 5 licensed medical provider and processed by an accredited laboratory; 6 (3) "Mother", a woman who gives birth to a child; 7 (4) "Putative father", any man alleged or presumed to be the father of a child, 8 including a man married to the mother unless disproven by a genetic test. 9 2. Notwithstanding any provision of law, beginning January 1, 2027, a genetic 10 test shall be administered at the time of birth for every newborn child in this state when: 11 (1) A putative father is identified; 12 (2) Paternity is disputed; or 13 (3) The mother or alleged father requests testing. 14 3. (1) Paternity shall be considered legally established only upon receipt of a 15 valid genetic test confirming a biological relationship of at least ninety-nine percent 16 probability. 17 (2) If a genetic test excludes a putative father:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3197 2
18 (a) The excluded putative father shall bear no legal or financial responsibility for 19 the child, including child support; and 20 (b) The excluded putative father shall not be subject to back child support or 21 arrears. 22 (3) No civil or criminal penalties shall be imposed for failure to support a child 23 before the genetic test results. 24 4. (1) An absent parent shall not accrue child support obligations, including 25 retroactive payments, until paternity is genetically established. 26 (2) No person shall be prosecuted, jailed, or penalized for failure to pay child 27 support for a child prior to a genetic test confirming paternity. 28 (3) Any child support order issued in error due to misassigned paternity shall be 29 void, and the affected individual shall be released from all arrears. 30 5. (1) There is hereby created in the state treasury the "Missouri Genetic 31 Testing Fund", which may consist of moneys appropriated to it by the general assembly 32 or any gifts, contributions, grants, or bequests received from federal, private, or other 33 sources. Moneys in the fund shall be used to cover all or part of the costs of genetic 34 testing for persons who are not able to pay for such testing. The state treasurer shall be 35 custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer 36 may approve disbursements. The fund shall be a dedicated fund and, upon 37 appropriation, moneys in this fund shall be used solely as provided in this subdivision. 38 (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys 39 remaining in the fund at the end of the biennium shall not revert to the credit of the 40 general revenue fund. 41 (3) The state treasurer shall invest moneys in the fund in the same manner as 42 other funds are invested. Any interest and moneys earned on such investments shall be 43 credited to the fund. 44 6. (1) Genetic test results shall be used exclusively for establishing paternity and 45 child support purposes and shall not be used for criminal investigations without a court 46 order. 47 (2) All genetic materials and data shall be destroyed after a paternity 48 determination is complete, except when voluntarily retained for future family medical 49 history. 50 7. The department of health and senior services and the department of social 51 services shall promulgate all necessary rules and regulations for the administration of 52 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that 53 is created under the authority delegated in this section shall become effective only if it 54 complies with and is subject to all of the provisions of chapter 536 and, if applicable, HB 3197 3
55 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 56 vested with the general assembly pursuant to chapter 536 to review, to delay the 57 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 58 then the grant of rulemaking authority and any rule proposed or adopted after August 59 28, 2026, shall be invalid and void. ✔
Statutes affected: