District of Columbia Paternity Law

Paternity – General – District of Columbia

District of Columbia Code (Current through July 29, 2003)
Title 16.  Particular Actions, Proceedings and Matters
CHAPTER 9 DIVORCE, ANNULMENT, SEPARATION, SUPPORT, ETC.

Parent and child relationship defined.

(a) The term “legitimate” or “legitimated” means that the parent-child relationship exists for all rights, privileges, duties, and obligations under the laws of the District of Columbia.

(b) The term “born out of wedlock” solely describes the circumstances that a child has been born to parents who, at the time of its birth, were not married to each other. The term “born in wedlock” solely describes the circumstances that a child has been born to parents who, at the time of its birth, were married to each other.
Title 16, Ch. 9, § 16-907.

Relationship not dependent on marriage.
A child born in wedlock or born out of wedlock is the legitimate child of its father and mother and is the legitimate relative of its father’s and mother’s relatives by blood or adoption.
Title 16, Ch. 9, § 16-908.

Proof of child’s relationship to mother and father.

(a)  A child’s relationship to its mother is established by its birth to her. A child’s relationship to its father is established by proving by a preponderance of evidence that he is the father, and there shall be a presumption that he is the father:

(1) if he and the child’s mother are or have been married and the child is born during the marriage, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court; or

(2) if, prior to the child’s birth, he and the child’s mother have attempted to marry, and some form of marriage has been performed in apparent compliance with law, though such attempted marriage is or might be declared void for any reason, and the child is born during such attempted marriage, or within 300 days after the termination of such attempted marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court; or

(3) if, after the child’s birth, he and the child’s mother marry or attempt to marry, (with the attempt involving some form of marriage ceremony that has been performed in apparent compliance with law), though such attempted marriage is or might be declared void for any reason, and he has acknowledged the child to be his; or

(4) if the putative father has acknowledged paternity in writing.

(b)  If questioned, a presumption created by section 16-909(a)(1) through (4) may be overcome upon proof by clear and convincing evidence that the presumed father is not the child’s father. The Superior Court shall try the question of paternity and shall determine whether the presumed father is or is not the father of the child.

(b-1)  A conclusive presumption of paternity shall be created:

(1) Upon a result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body indicating a 99% probability that the putative father is the father of the child; or

(2) If the father has acknowledged paternity in writing as provided in section 16-909.1(a)(1).

(c) The parent-child relationship shall be conclusively established:

(1) Upon a determination of the parentage of a child by the following:

(A) The Superior Court of the District of Columbia under the provisions of subchapter II of Chapter 23 of this title or subsection (b) of this section;

(B) Any other court of competent jurisdiction;

(C) The IV-D agency of another state, in compliance with jurisdictional and procedural requirements of that state; or

(D) Any entity of another state authorized to determine parentage, in compliance with jurisdictional and procedural requirements of that state;

(2) By a voluntary acknowledgment of paternity pursuant to section 16-909.1(a)(1), unless either signatory rescinds the acknowledgment pursuant to section 16-909.1(a-1); or

(3) By a voluntary acknowledgment of paternity in another state pursuant to the laws and procedures of that state, unless either signatory rescinds the acknowledgment pursuant to the laws and procedures of that state.

(c-1)  A parent-child relationship that has been established pursuant to subsection (b-1) (1) of this section may be challenged upon the same grounds and through the same procedures as are applicable to a final judgment of the Superior Court. A parent-child relationship that has been established pursuant to subsection (b-1)(2) of this section or section 16-909.1(a)(1) may be challenged in the Superior Court after the rescission period provided by section 16-909.1(a-1) through the same procedures as are applicable to a final judgment of the Superior Court, but only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party.  The legal responsibilities (including child support obligations) of any signatory arising from the acknowledgment of parentage may not be suspended during the challenge, except for good cause shown.

(d)  The parent-child relationship between an adoptive parent and a child may be established conclusively by proof of adoption.
Title 16, Ch. 9, § 16-909.

Establishment of paternity by voluntary acknowledgment and based on genetic test results

(a)  Paternity may be established by:

(1) A written statement of the father and mother signed under oath (which may include signature in the presence of a notary) that acknowledges paternity; provided, that before the parents sign the acknowledgment, both have been given written and oral notice of the alternatives to, legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. (Oral notice may be given through videotape or audiotape.) The acknowledgment shall include the full name, the social security number, and date of birth of the mother, father, and child, the addresses of the mother and father, the birthplace of the child, an explanation of the legal consequences of the affidavit, a statement indicating that both parents understand their rights, responsibilities, and the alternatives and consequences of signing the affidavit, the place the affidavit was completed, signature lines for the parents, and any other data elements required by federal law. Nothing in this paragraph shall affect the validity of a voluntary acknowledgment of paternity executed before December 23, 1997, or preclude the submission of an acknowledgment of paternity that does not comply with the requirements of this paragraph as evidence of paternity in a judicial or administrative proceeding; or

(2) A result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body, that affirms at least a 99% probability that the putative father is the father of the child.

(a-1)  A signatory to a voluntary acknowledgment of paternity pursuant to subsection (a)(1) of this section may rescind the acknowledgment within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child in which the signatory is a party.

(b)  An acknowledgment in accordance with subsection (a)(1) of this section, which has not been rescinded pursuant to subesection (a-1) of this section or a genetic test and affidavit that meet the requirements of subsection (a)(2) of this section shall legally establish the parent-child relationship between the father and the child for all rights, privileges, duties, and obligations under the laws of the District of Columbia. The acknowledgment or genetic test and affidavit shall be admissible as evidence of paternity.

(c)  A public or private agency or institution that operates in the District of Columbia shall accept as adequate proof of paternity a birth certificate issued by the District of Columbia after the effective date of the District of Columbia Paternity Establishment Temporary Act of 1991 [June 18, 1991] or other evidence that the requirements of subsection (a)(1) or (a)(2) of this section have occurred.

(d)  In the absence of an acknowledgment, or if the probability of paternity shown by a genetic test is less than 99%, paternity may be established as otherwise provided in this chapter.
Title 16, Ch. 9, § 16-909.01.

Full faith and credit to paternity determinations by other states
The District of Columbia government shall give full faith and credit to the determinations of paternity made by other states, whether established through voluntary acknowledgment or through an administrative or judicial process.
Title 16, Ch. 9, § 16-909.02.

Paternity acknowledgment program requirements for birthing hospitals

(a) For the purposes of this section, the term “birthing hospital” means a hospital that has an obstetric care unit or provides obstetric services, or a birthing center.

(b)

(1) Each public and private birthing hospital in the District of Columbia shall operate a program that, immediately before and after the birth of a child, provides to each unmarried woman who gives birth at the hospital and the alleged putative father, if present in the hospital:

(A) Written materials concerning paternity establishment;

(B) Forms necessary to acknowledge paternity voluntarily that meet the federal requirements;

(C) A written and oral description (the oral description may be videotaped or audio-taped) of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from, signing a voluntary acknowledgment of paternity;

(D) Written notice that a voluntary acknowledgment of paternity is not effectuated unless the mother and putative father each signs the form under oath and a notary authenticates the signatures;

(E) The opportunity to speak, either by telephone or in person, with hospital or IV-D agency staff who are trained to clarify information and answer questions about paternity establishment;

(F) Access to the services of a notary on the premises of the birthing hospital; and

(G) The opportunity to acknowledge paternity voluntarily in the hospital.

(2) The Mayor shall provide to each birthing hospital the materials described in paragraph (1)(A) through (D) of this subsection, in sufficient amounts to be distributed to each unmarried mother giving birth in the hospital and to each putative father present in the hospital.

(c) The birthing hospital shall transmit each completed voluntary acknowledgment of paternity form to the Registrar of Vital Records within 14 days of completion. The Registrar shall promptly record identifying information from the form and permit the IV-D agency timely access to the identifying information and any other documentation recorded from the form that the IV-D agency needs to determine if a voluntary acknowledgment of paternity has been recorded and to seek a support order on the basis of the recorded voluntary acknowledgment of paternity.

(d) The Mayor shall provide to the staff of each birthing hospital training, guidance, and written instructions necessary to operate the paternity acknowledgment program required by this section.

(e) The Mayor shall assess the program of each birthing hospital each year.
Title 16, Ch. 9, § 16-909.03.

Voluntary paternity acknowledgment program for birth records agency.

(a) The Registrar of Vital Records shall offer to any person seeking to file or amend a birth certificate that does not include a father’s name:

(1) Written materials concerning paternity establishment;

(2) Forms necessary to acknowledge paternity voluntarily that meet the federal requirements;

(3) A written and oral description of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from, signing a voluntary acknowledgment of paternity (the oral description may be videotaped or audiotaped);

(4) Written notice that a voluntary acknowledgment of paternity is not effectuated unless the mother and putative father each signs the form under oath and a notary authenticates the signatures;

(5) The services of a notary on the premises;

(6) The opportunity to speak, by telephone or in person, with staff of the IV-D agency or Registrar who are trained to clarify information and answer questions about paternity establishment; and

(7) The opportunity to acknowledge paternity voluntarily at the birth records agency.

(b) The Registrar of Vital Records shall establish procedures for the recording in the records of the Registrar, and for the transmittal to the IV-D agency of completed voluntary acknowledgments of paternity, and of information contained in an acknowledgment that may be used in the establishment or enforcement of a support order.
Title 16, Ch. 9, § 16-909.04.

Mayor authorized to designate other sites for paternity acknowledgment program. [Formerly § 16-909.5]
The Mayor is authorized to establish voluntary paternity establishment services at entities other than hospitals, or the Vital Records Office, by publishing a notice of such location in the D.C. Register. The Mayor may only designate entities that meet the applicable federal requirements and comply with the same requirements that apply to birthing hospitals as set forth in section 16-909.03.
Title 16, Ch. 9, § 16-909.05.

Chapter 23. Family Division Proceedings
SUBCHAPTER II PARENTAGE PROCEEDINGS

Representation.

(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 § 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 § 11-1101 referred to in subsection (b).
Title 16, Ch. 23, SubCh. II, § 16-2341.

Who may bring a complaint; time.

(a) A proceeding to establish parentage may be brought by the District of Columbia, 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.
Title 16, Ch. 23, SubCh. II, § 16-2342.

Voluntary acknowledgement of paternity

(a) The voluntary acknowledgment of paternity pursuant to section 16-909.01(a)(1) shall:

(1) Create a conclusive presumption of paternity, 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.
Title 16, Ch. 23, SubCh. II, § 16-2342.01.

Tests to establish parentage.

(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; or

(4) The child’s mother and putative father are or have been married and the child was born during the marriage, and no showing has been made pursuant to section 16-909(b) to overcome the rebuttable presumption of paternity.

(a-1)

(1) 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, 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.

Title 16, Ch. 23, SubCh. II, § 16-2343.

Admissibility of tests

(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) 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.

(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.
Title 16, Ch. 23, SubCh. II, § 16-2343.01.

Sanctions
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.
Title 16, Ch. 23, SubCh. II, § 16-2343.02.

Default order
If a putative father fails to appear at a hearing in any case in which paternity is at issue, a default order shall be entered upon a showing that (1) the putative father was served with notice of the action by any method permitted pursuant to section 46-206(b), and (2) that the putative father received actual notice of the first, or any other hearing, where paternity is at issue which he failed to attend. An ex parte hearing shall not be required before the entry of a default order.
Title 16, Ch. 23, SubCh. II, § 16-2343.03.

No right to jury trial.
The parties to an action to establish paternity are not entitled to a jury trial.
Title 16, Ch. 23, SubCh. II, § 16-2343.04.

Exclusion of public.
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.
Title 16, Ch. 23, SubCh. II, § 16-2344.

New birth record upon marriage or determination of natural parents.

(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, 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.
Title 16, Ch. 23, SubCh. II, § 16-2345.

Certificate to Registrar.

(a) Upon entry of a final judgment determining the parentage of a child born out of wedlock, 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 father and mother of the child.

(b) Repealed.
Title 16, Ch. 23, SubCh. II, § 16-2346.

Death of respondent; liability of estate.
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.
Title 16, Ch. 23, SubCh. II, § 16-2347.

Parentage records; confidentiality; inspection and disclosure.

(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.
Title 16, Ch. 23, SubCh. II, § 16-2348.

Inclusion of social security numbers in paternity records.
The social security number of the mother, father, and child who are parties to a paternity determination or acknowledgment shall be included in the Superior Court and IV-D agency records relating to the determination or acknowledgment. The social security number of the mother, father, and child who are parties to a paternity determination or acknowledgment shall be included in the Superior Court and IV-D agency records relating to the determination or acknowledgment.
Title 16, Ch. 23, SubCh. II, § 16-2349.

Child support pendente lite.
Upon motion of a party in a paternity 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 paternity. Evidence of paternity may include a genetic test result that does not create a conclusive presumption of paternity pursuant to section 16-909(b-1)(1).
Title 16, Ch. 23, SubCh. II, § 16-2349.01.