252A.6A - ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT.
252A.6A ADDITIONAL PROVISIONS REGARDING PATERNITY
ESTABLISHMENT.
1. When an action is initiated under this chapter to establish
paternity, all of the following shall apply:
a. Except with the consent of all parties, the trial shall
not be held until after the birth of the child and shall be held no
earlier than twenty days from the date the respondent is served with
notice of the action or, if blood or genetic tests are conducted, no
earlier than thirty days from the date the test results are filed
with the clerk of the district court as provided under section
600B.41.
b. If the respondent, after being served with notice as
required under section 252A.6, fails to timely respond to the notice,
or to appear for blood or genetic tests pursuant to a court or
administrative order, or to appear at a scheduled hearing after being
provided notice of the hearing, the court shall find the respondent
in default, and shall enter an order establishing paternity and
establishing the monthly child support payment and the amount of the
support debt accrued and accruing pursuant to section 598.21B, or
medical support pursuant to chapter 252E, or both.
c. Appropriate genetic testing procedures shall be used which
include any genetic test generally acknowledged as reliable by
accreditation bodies designated by the secretary of the United States
department of health and human services and which are performed by a
laboratory approved by such an accreditation body.
d. A copy of a bill for blood or genetic testing, or for the
cost of prenatal care or the birth of the child, shall be admitted as
evidence without requiring third- party foundation testimony and
shall constitute prima facie evidence of amounts incurred for
testing.
2. When an action is initiated to establish child or medical
support based on a prior determination of paternity and the
respondent files an answer to the notice denying paternity, all of
the following shall apply:
a. (1) If the prior determination of paternity is based on an
affidavit of paternity filed pursuant to section 252A.3A, or an
administrative order entered pursuant to chapter 252F, or an order by
the courts of this state, or by operation of law when the mother and
established father are or were married to each other, the provisions
of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome, pursuant to section 600B.41A, and
that the party has a duty to provide support, the court shall enter
an order establishing the monthly child support payment and the
amount of the support debt accrued and accruing pursuant to section
598.21B, or medical support pursuant to chapter 252E, or both.
b. If the prior determination of paternity is based on an
administrative or court order or by any other means, pursuant to the
laws of a foreign jurisdiction, an action to overcome the prior
determination of paternity shall be filed in that jurisdiction.
Unless the party requests and is granted a stay of an action to
establish child or medical support, the action shall proceed as
otherwise provided.
3. If the expert analyzing the blood or genetic test concludes
that the test results demonstrate that the putative father is not
excluded and that the probability of the putative father's paternity
is ninety-nine percent or higher and if the test results have not
been challenged, the court, upon motion by a party, shall enter a
temporary order for child support to be paid pursuant to section
598.21B. The court shall require temporary support to be paid to the
clerk of court or to the collection services center. If the court
subsequently determines the putative father is not the father, the
court shall terminate the temporary support order. All support
obligations which came due prior to the order terminating temporary
support are unaffected by this action and remain a judgment subject
to enforcement. Section History: Recent Form
94 Acts, ch 1171, §14; 95 Acts, ch 67, §18; 97 Acts, ch 175, §
3--5, 14--17; 2005 Acts, ch 69, §5--7