An Act to allow for an action to establish paternity after age eighteen based on genetic test results.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 25-8-9 be AMENDED:
25-8-9.
Proceedings
Except
as provided by section 2 of this Act, a proceeding to
establish or disestablish paternity and enforce the obligation of the
father may be brought at any time before the eighteenth birthday of
the child.
Section 2. That a NEW SECTION be added to chapter 25-8:
Notwithstanding 25-8-9, an adult person for whom paternity has not been established may bring a paternity action to establish paternity after the eighteenth birthday of that person only upon evidence of a genetic test establishing a threshold probability of paternity of a discrete individual of ninety-nine percent or more. No support obligation or expenses under 25-8-7 may be enforced against the father in an action pursuant to this section.
Section 3. That a NEW SECTION be added to chapter 34-25:
Upon receipt of a court order establishing paternity pursuant to section 2 of this Act, the department must enter the name of the father as determined by the court on the certificate of birth of the child.