FOR DISCUSSION ONLY

REVISION OF UNIFORM PARENTAGE ACT

NATIONAL CONFERENCE OF COMMISSIONERS

ON UNIFORM STATE LAWS

NOVEMBER, 1997

REVISION OF UNIFORM PARENTAGE ACT

With Prefatory Note and Comments

COPYRIGHT© 1997

by

NATIONAL CONFERENCE OF COMMISSIONERS

ON UNIFORM STATE LAWS

HARRY L. TINDALL, 2800 Texas Commerce Tower, 600 Travis Street, Houston, TX 77002-3094, Chair

JACK DAVIES, Court of Appeals, Judicial Building, 25 Constitution Avenue, St. Paul, MN 55155

MARY P. DEVINE, Division of Legislative Services, 2nd Floor, 910 Capitol Street, Richmond, VA 48909

LYLE W. HILLYARD, 175 E. 100, N., Logan, UT 84321

PETER K. MUNSON, P.O. Box 1949, 123 S. Travis Street, Sherman, TX 75091-1949

JAMES C. NELSON, Montana Supreme Court, 215 N. Sanders Street, Helena, MT 39215

ARTHUR H. PETERSON, 350 N. Franklin Street, Juneau, AK 99801

ELWAINE F. POMEROY, 1415 S.W. Topeka Boulevard, Topeka, KS 66612

NINA VITEK, 250 Coventry Court, Suite 204, Milwaukee, WI 53217, American Bar Association Advisor

JOHN J. SAMPSON, University of Texas, School of Law, 727 E. 26th Street, Austin, TX 78705, Reporter

GENE N.LEBRUN, P.O. Box 8250, 9th Floor, 909 St. Joseph Street, Rapid City, SD 57709, President

MARTHA T. STARKEY, One Indiana Square, Suite 2100, Indianapolis, IN 46204,

Division Chair

FRED H. MILLER, University of Oklahoma, College of Law, 300 Timberdell Road,

Norman, OK 73019, Executive Director

WILLIAM J. PIERCE, 1505 Roxbury Road, Ann Arbor, MI 48104,

Executive Director Emeritus

REGULAR ROMAN = UNIFORM PARENTAGE ACT (1973)

ITALICS = EITHER UPUFA OR USCACA AS MARKED

BOLD = NEW LANGUAGE FOR DISCUSSION

ARTICLE 1. GENERAL PROVISIONS

SECTION 101[ 27]. SHORT TITLE.

This Act may be cited as the "Uniform Parentage Act 2000."

SECTION 102. [UPUFA SECTION 1.] DEFINITIONS. In this [Act]: [ 1. PARENT AND CHILD RELATIONSHIP DEFINED.]

[USCACA] (1) "Assisted conception" means a pregnancy resulting from:

(i) fertilizing an egg of a woman with sperm of a man by means other than sexual intercourse; or

(ii) implanting an oocyte [embryo], but the term does not include the pregnancy of a wife resulting from fertilizing her egg with sperm of her husband.

[USCACA] (2) "Donor" means an individual [other than a surrogate] who produces egg or sperm used for assisted conception, whether or not a payment is made for the egg or sperm used, but does not include a woman who gives birth to a resulting child.

[USCACA] (3) "Intended parents" means a man and woman, married to each other, who enter into an agreement under this [Act] providing that they will be the parents of a child born to a surrogate through assisted conception using egg or sperm of one or both of the intended parents.]

(3) [UPUFA 1(1)] (1)] "Man" means a male individual of any age.

(4) [As used in this Act, p] (2)] "Parent-child relationship" means the legal relationship existing between a child and his biological [natural] or adoptive parents incident to which the law confers or imposes rights and[, privileges,] duties[, and obligations]. It includes the mother-child relationship and the father-child relationship.

(5) [UPUFA 1(2)] (3)] "Putative father" means a man who claims to be, or is named as, the biological father or a possible biological father of a child, and whose paternity of the child has not been judicially determined, excluding:

(i) a man whose parental rights with respect to the child have been previously judicially terminated or declared not to exist;

(ii) a donor of sperm[semen] used in artificial insemination or in vitro fertilization [whose identity is not known by the mother of the resulting child or whose semen was ]donated under circumstances indicating that the donor did not anticipate having an interest in the resulting child;

(iii) a man presumed to be the father of a child under Section 203.

[(iii) a man who is or was married to the mother of the child, and the child is born during the marriage [or within 300 days after the marriage was terminated by death, annulment, declaration of invalidity, divorce, or marital dissolution, or after a decree of separation was entered by a court];

(iv) a man who, before the birth of the child, attempted to marry the mother of the child in apparent compliance with law, although the attempted marriage is, or could be declared, invalid, and:

(A) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage [, or within 300 days after its termination by death, annulment, declaration of invalidity, divorce, or marital dissolution]; or

(B) if the attempted marriage is invalid without a court order declaring its invalidity, the child is born during, or within 300 days after the termination of, cohabitation; and

(v) a man who, after the birth of the child, married or attempted to marry the mother of the child in apparent compliance with law, although the attempted marriage is, or could be declared, invalid, and:

(A) has acknowledged his paternity of the child in a writing filed with the [appropriate court or Vital Statistics Bureau];

(B) with his consent, is named as the child's biological father on the child's birth certificate; or

(C) is obligated to support the child under a written promise or by court order.

[USCACA (4)] "Surrogate" means an adult woman who enters into an agreement to bear a child conceived through assisted conception for intended parents.]

(6) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to determine parentage.

(7) [UPUFA 1(3)] (4)] "Unknown father" means a child's biological father whose identity is unascertained. However, the term does not include a donor of sperm[semen] used in artificial insemination or in vitro fertilization [whose identity is not known to the mother of the resulting child or whose semen was] donated under circumstances indicating that the donor did not anticipate having any interest in the resulting child.

SECTION 103. TRIBUNAL OF STATE.

The [court, administrative agency, quasi-judicial entity, or combination] [is the tribunal] [are the tribunals] of this State.

ARTICLE 2. THE PARENT-CHILD RELATIONSHIP

SECTION 201 [ 3]. HOW PARENT-CHILD [PARENT AND CHILD] RELATIONSHIP ESTABLISHED.

The parent-child [parent and child] relationship between a child and

(1) the biological [natural] mother may be established by proof of her having given birth to the child, or under this Act;

(2) the biological [natural] father may be established under this Act;

(3) an adoptive parent may be established by proof of adoption or under the [Revised Uniform Adoption Act].

SECTION 202 [ 2]. RELATIONSHIP NOT DEPENDENT ON MARRIAGE.

The parent-child [parent and child] relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

SECTION 203 [ 4]. PRESUMPTION OF PATERNITY.

(a) A man is presumed to be the biological [natural] father of a child if:

(1) he and the child's biological [natural] mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a tribunal [court];

(2) before the child's birth, he and the child's biological [natural] mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and,

(i) if the attempted marriage could be declared invalid only by a tribunal [court], the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; or

(ii) if the attempted marriage is invalid without an order of the tribunal [a court order, the child is born within 300 days after the termination of cohabitation;

(3) after the child's birth, he and the child's biological [natural] mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

(i) he has acknowledged his paternity of the child in writing filed with the [appropriate tribunal [court] or Vital Statistics Bureau].

(ii) with his consent, he is named as the child's father on the child's birth certificate, or

(iii) he is obligated to support the child under a written voluntary promise or by [court] order of the tribunal;

(4) while the child is under the age of majority, he receives the child into his home and openly holds out the child as his biological [natural] child; or

(5) he acknowledges his paternity of the child in a writing filed with the [appropriate tribunal [court] or Vital Statistics Bureau], which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the [appropriate tribunal [court] or Vital Statistics Bureau]. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted.

[(b) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.]

(b) A presumption established by this section may be rebutted as provided in Section 620.

ARTICLE 3. ASSISTED CONCEPTION

5. ARTIFICIAL INSEMINATION.

(a) If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological [natural] father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband's consent with the [State Department of Health], where it shall be kept confidential and in a sealed file. However, the physician's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

(b) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological [natural] father of a child thereby conceived.

SECTION 301. HUSBAND'S PATERNITY AFTER ASSISTED CONCEPTION. [USCACA SECTION 3]. ASSISTED CONCEPTION BY MARRIED WOMAN. [Except as provided in Sections 5 through 9,] the] The husband of a woman who bears a child through assisted conception is deemed to be the father of the child, notwithstanding a declaration of invalidity or annulment of the marriage obtained after the assisted conception, unless within two years after learning of the child's birth he commences an action in which the mother and child are parties and in which it is determined that he did not consent to the assisted conception.

SECTION 302. [USCACA SECTION 4]. PARENTAL STATUS OF DONORS AND DECEASED INDIVIDUALS. [Except as otherwise provided in Sections 5 through 9:]

(a) A donor is not a parent of a child conceived through assisted conception.

(b) An individual who dies before implantation of an embryo, or before a child is conceived other than through sexual intercourse, using the individual's egg or sperm, is not a parent of the resulting child.

SECTION 303. OOCYTE DONATION.

(a) If a husband consents to provide sperm to fertilize a donor oocyte by in vitro fertilization or other assisted reproductive techniques and the wife consents to have a donor oocyte that has been fertilized with her husband's sperm, pursuant to his consent, placed in her uterus, a resulting child is the child of both of them. The consent of each must be in writing.

(b) If a donor oocyte that has been fertilized with her husband's sperm implants in a wife's uterus, a resulting child is not the child of the donor of the oocyte.

SECTION 304. EMBRYO DONATION.

(a) If, with the consent of the husband and the wife, a donated preimplantation embryo implants in the uterus of the wife, a resulting child is the child of both of them. The consent must be in writing.

(b) If, with the consent of the husband and the wife, a donated preimplantation embryo implants in the uterus of the wife, a resulting child is not the child of the donor or donors of the preimplantation embryo.

(c) Subsections (a) and (b) apply whether the donated preimplantation embryo is the result of separate egg and sperm donations or the result of donation of an embryo created for the purpose of assisting the reproduction of the donating couple.

SECTION 305. RULES OF PARENTAGE FOR ASSISTED CONCEPTION [HLT ALTERNATIVE]

(a) A husband of a woman who bears a child through assisted conception shall be treated in law as if he were the biological father of the child, notwithstanding a declaration of invalidity of annulment of the marriage obtained after the assisted conception, unless within two years after learning of the child's birth he commences an action in which the mother and child are parties and in which it is determined that he did not consent to the assisted conception.

(b) The husband's consent to assisted conception must be in writing and signed by the husband and the wife. Failure to comply with this subsection shall not preclude treating the husband as the biological father, if the mother and her husband treat the child as their biological child and represent this to others.

(c) A donor is not a parent of a child conceived through assisted conception, unless the mother is unmarried at time of conception and the donor consents in writing to be treated in law as the father of the child, or the mother and the donor jointly treat the donor as the father of the child and jointly represent this to others.

(d) A donor who dies before implantation of an embryo, or before a child is conceived other than through sexual intercourse, using the donor's egg or sperm, is not a parent of the resulting child.

ARTICLE 4. VOLUNTARY PATERNITY

SECTION 401. VOLUNTARY PATERNITY.

(a) If a statement of paternity has been executed by a man claiming to be the biological father of a child who has no presumed father, he, the mother of the child, or the child through a representative authorized by the tribunal or a governmental entity may file a petition for an order adjudicating him as a parent of the child. The statement of paternity must be attached to or filed with the petition.

(b) The tribunal shall render an order adjudicating the child to be the biological child of the child's father and the father to be a parent of the child if the tribunal finds that the statement of paternity was executed as provided by this article, and the facts stated are true.

(c) A suit for voluntary paternity may be joined with a suit for termination of parental rights.

Information maintained by the paternity registry is admissible in a proceeding in a tribunal of this State for any purpose, including for the establishment of the registrant's paternity or an action to terminate parental rights.

ARTICLE 6. PARENTAGE SUIT

SECTION 601. APPLICABILITY

This article governs a suit affecting the parent-child relationship in which the parentage of the biological mother or biological father is sought to be adjudicated.

SECTION 602 [ 6]. DETERMINATION OF FATHER-CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.

(a) A child, his biological [natural] mother, or a man presumed to be his father under Paragraph (1), (2), or (3) of Section 203(a) [4(a)], may bring an action

(1) at any time for the purpose of declaring the existence of the presumed father- child relationship [presumed under Paragraph (1), (2), or (3) of Section 4(a)]; or

(2) for the purpose of declaring the non-existence of the father-child relationship presumed under Paragraph (1), (2), or (3) of Section 4(a) only if the action is brought within a reasonable time after obtaining knowledge of relevant facts, but in no event later than [five] years after the child's birth. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

(b) Any interested party may bring an action at any time for the purpose of determining the existence or non-existence of the father-child relationship presumed under Paragraph (4) or (5) of Section 203(a) [4(a)].

(c) An action to determine the existence of the father-child relationship with respect to a child who has no presumed father under Section 203[4] may be brought by the child, the mother or personal representative of the child, the [appropriate state agency], the personal representative or a parent of the mother if the mother has died, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(d) Regardless of its terms, an agreement, other than an agreement approved by the tribunal [court] in accordance with Section 609(b)[13(b)], between an alleged or presumed father and the mother or child, does not bar an action under this section.

(e) If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

SECTION 603 [ 21]. ACTION TO DECLARE MOTHER-CHILD RELATIONSHIP.

Any interested party may bring an action to determine the existence or nonexistence of a mother-child relationship. Insofar as practicable, the provisions of this Act applicable to the father-child relationship apply.

SECTION 604A [ 7]. STATUTE OF LIMITATIONS.

[An action to determine the existence of the father-child relationship as to a child who has no presumed father under Section 4 may not be brought later than [three] years after the birth of the child, or later than [three] years after the effective date of this Act, whichever is later. However, an action brought by or on behalf of a child whose paternity has not been determined is not barred until [three] years after the child reaches the age of majority. Sections 6 and 7 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.]

(a) A suit affecting the parent-child relationship to determine parentage under this article may be brought before the birth of the child, but must be brought on or before the second anniversary of the date the child becomes an adult, or the suit is barred.

(b) This section applies to a child for whom a parentage suit was brought but dismissed because a statute of limitations of less than 18 years was then in effect.

(c) A suit to establish paternity under Article 5 may be brought at any time.

SECTION 605 [ 8]. JURISDICTION[; VENUE].

(a) [Without limiting the jurisdiction of any other tribunal [court],] [The] [appropriate] tribunal [court] has jurisdiction of an action brought under this Act. [The action may be joined with an action for divorce, annulment, separate maintenance or support.]

(b) A person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this Act with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by [rule or] statute, including [cross reference to "long arm statute"], personal jurisdiction may be acquired by [personal service of summons outside this State or by registered mail with proof of actual receipt] [service in accordance with (citation to "long arm statute") ].

(b) In a proceeding to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with citation in this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; [or]

(7) the individual asserted parentage in the paternity registry maintained in this state by the bureau of vital statistics; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

SECTION 606. [ 8(c)] VENUE.

[(c)] The action may be brought in the county:

(i) in which the child or the alleged father resides or is found; or,

(ii) if the father is deceased, in which proceedings for probate of his estate have been or could be commenced.

SECTION 607 [ 9]. PARTIES.

[The child shall be made a party to the action. If he is a minor he shall be represented by his general guardian or a guardian ad litem appointed by the court. The child's mother or father may not represent the child as guardian or otherwise. The court may appoint the [appropriate state agency] as guardian ad litem for the child.

The biological [natural] mother, each man presumed to be the father under Section 203[4], and each man alleged to be the biological [natural] father, shall be made parties or, if not subject to the jurisdiction of the tribunal [court], shall be given notice of the action in a manner prescribed by the tribunal [court] and an opportunity to be heard. The tribunal [court] may align the parties.

SECTION 608. REPRESENTATION OF CHILD.

(a) The child is not a necessary party to a suit under this article.

(b) It is rebuttably presumed in a trial on the merits to determine parentage that the interests of the child will be adequately represented by the party bringing suit to determine parentage of the child. If the tribunal finds that the interests of the child will not be adequately represented by a party to the suit or are adverse to that party, the tribunal shall appoint an attorney ad litem to represent the child.

(c) The child shall be represented in a settlement agreement, dismissal, or nonsuit by a guardian ad litem or an attorney ad litem appointed by the tribunal, unless the tribunal finds on the record that the interests of the child will be adequately represented by a party to the suit or are not adverse to that party, and that the tribunal approves the settlement agreement, dismissal, or nonsuit.

SECTION 609. TEMPORARY ORDERS.

The tribunal may render a temporary order authorized in a suit under this article, including an order for temporary support of a child, if the person ordered to pay support:

(1) is a presumed parent under Section 203;

(2) is an alleged father petitioning to have his paternity adjudicated or who admits paternity in pleadings filed with the tribunal; or

(3) is found by the tribunal at the pretrial conference authorized by this article not to be excluded as the biological father of the child, with the tribunal finding that at least 99 percent of the male population is excluded from being the biological father of the child.

SECTION 610. CUSTODY, VISITATION, AND CHILD SUPPORT.

(a) In a suit in which a determination of parentage is sought, the tribunal may provide for the [custody of, visitation, and support of] the child.

(b) On a finding of parentage, the tribunal may order support retroactive to the time of the birth of the child and, on a proper showing, may order a party to pay an equitable portion of all prenatal and postnatal health care expenses of the mother and child.

(c) In making an order for retroactive child support under this section, the tribunal shall use the child support guidelines [provided by applicable statute of rule] together with any relevant factors.

10. [PRE-TRIAL PROCEEDINGS].

(a) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing shall be held. [The court may order that the hearing be held before a referee.] The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court orders. Rules of evidence need not be observed.

(b) Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order him to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that his testimony or evidence might tend to incriminate him, the court may grant him immunity from all criminal liability on account of the testimony or evidence he is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence he is required to produce, except for perjury committed in his testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or produce evidence is a civil contempt of the court.

(c) Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

11. BLOOD TESTS.

(a) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.

(b) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiner of blood types.

(c) In all cases, the court shall determine the number and qualifications of the experts.

SECTION 611. DENIAL OF PATERNITY

(a) The presumption that a man is the biological father of a child under Section 203 may be contested by:

(1) the biological mother of the child;

(2) a man presumed to be the father of the child, who may contest his own or another man's presumed paternity;

(3) a man alleging himself to be the biological father of the child; or

(4) a governmental entity, authorized agency, or a licensed child-placing agency.

(b) A contest of paternity must be raised by an express statement denying paternity of the child in a party's pleadings in the suit, without regard to whether the presumed father or biological mother is a petitioner or respondent.

(c) In a suit in which a question of paternity is raised, the tribunal shall conduct the pretrial proceedings and order scientifically accepted paternity testing as provided by this article.

SECTION 612. ORDER FOR PARENTAGE TESTING.

(a) When the respondent appears in a parentage suit, the tribunal shall order the mother, an alleged father, and the child to submit to the taking of blood, body fluid, or tissue samples for the purpose of scientifically accepted parentage testing.

(b) If the respondent fails to appear and wholly defaults or if the allegation of parentage is admitted, the tribunal may waive parentage testing.

SECTION 613. REQUIREMENTS OF TESTING.

The tribunal shall require in its order testing necessary to ascertain the possibility of an alleged father's paternity and shall require that the tests exclude at least 99 percent of the male population from the possibility of being the father of the child, except that the tribunal shall permit the omission of any further testing if the testing has been conducted sufficiently to establish that an alleged father is not the father of the child, or if the costs of testing have reached an amount that the tribunal determines to be the greatest amount that may reasonably be borne by one or more parties to the suit. If the appearance is before the birth of the child, the tribunal shall order the taking of blood, body fluid, or tissue samples to be made as soon as medically practical after the birth.

SECTION 614. APPOINTMENT OF EXPERTS.

(a) The tribunal shall:

(1) appoint one or more experts qualified in parentage testing to perform the tests;

(2) determine the number and qualifications of the experts; and

(3) prescribe the arrangements for conducting the tests.

(b) A party may employ other experts qualified in parentage testing. The tribunal may order blood, body fluid, or tissue samples made available to these experts if requested.

09 13. PRE-TRIAL RECOMMENDATIONS.

(a) On the basis of the information produced at the pre-trial hearing, the judge [or referee] conducting the hearing shall evaluate the probability of determining the existence or non-existence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following:

(1) that the action be dismissed with or without prejudice;

(2) that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge [or referee] conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge [or referee] conducting the hearing shall consider the best interest of the child, in the light of the factors enumerated in Section 15(e), discounted by the improbability, as it appears to him, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him; and

(3) that the alleged father voluntarily acknowledge his paternity of the child.

(b) If the parties accept a recommendation made in accordance with Subsection (a), judgment shall be entered accordingly.

(c) If a party refuses to accept a recommendation made under Subsection (a) and blood tests have not been taken, the court shall require the parties to submit to blood tests, if practicable. Thereafter the judge [or referee] shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial.

(d) The guardian ad litem may accept or refuse to accept a recommendation under this Section.

(e) The informal hearing may be terminated and the action set for trial if the judge [or referee] conducting the hearing finds unlikely that all parties would accept a recommendation he might make under Subsection (a) or (c).

SECTION 615. PRETRIAL CONFERENCE.

(a) After completion of parentage testing, the tribunal shall order all parties to appear, either in person or by attorney, at a pretrial conference.

(b) Either party may call a parentage testing expert to testify in person or by deposition about the expert's tests and findings.

(c) A witness at a pretrial conference is governed by the rules of evidence as in other civil cases.

(d) A verified written report of a parentage testing expert is admissible at the pretrial conference as evidence of the truth of the matters it contains.

(e) All evidence admitted at the pretrial conference is a part of the record of the case.

(f) Parentage test results offered at a pretrial conference are admissible as evidence if the tests were conducted under an order of the tribunal or by agreement without regard to whether the tests were performed before or after the filing of a suit.

SECTION 616. EFFECT OF PARENTAGE TESTS.

(a) At the conclusion of the pretrial conference, if the tribunal finds that the tests show by clear and convincing evidence that an alleged or presumed father is not the father of the child, the tribunal shall dismiss with prejudice the parentage suit as to that man.

(b) If the tribunal finds that the parentage tests do not exclude an alleged father as the father of the child, the tribunal shall set the suit for trial.

(c) If the tribunal finds that at least 99 percent of the male population is excluded by the tests and that an alleged father is not excluded from the possibility of being the child's father, the burden of proof at trial is on the party opposing the establishment of the alleged father's parentage.

SECTION 617. EFFECT OF REFUSING PARENTAGE TESTING.

(a) An order for parentage testing is enforceable by contempt and:

(1) if the petitioner is the mother or an alleged father and refuses to submit to parentage testing, the tribunal may dismiss the suit; or

(2) if a party refuses to submit to parentage testing ordered by the tribunal, on proof sufficient to render a default judgment the tribunal may resolve the question of parentage against that party.

(b) If a parent or an alleged parent refuses to submit to parentage testing, the fact of refusal may be introduced as evidence as provided by this article.

SECTION 618. PREFERENTIAL TRIAL SETTING.

In a suit provided by this article, after a hearing the tribunal shall grant a motion for a preferential setting for trial on the merits filed by a party to the suit or by the attorney or guardian ad litem for the child. The tribunal shall give precedence to that trial over other civil cases if discovery has been completed or sufficient time has elapsed since the filing of the suit for the completion of all necessary and reasonable discovery if diligently pursued.

10 12. EVIDENCE RELATING TO PATERNITY.

Evidence relating to paternity may include:

(1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;

(3) blood test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;

(4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and

(5) all other evidence relevant to the issue of paternity of the child.

SECTION 619. EVIDENCE AT TRIAL.

(a) A party may call a parentage testing expert to testify at the trial in person or by deposition.

(b) A verified written report of a parentage testing expert is admissible at the trial as evidence of the truth of the matters it contains.

(c) If the parentage tests show the possibility of an alleged father's paternity, the tribunal shall admit this evidence if offered at the trial.

(d) Parentage test results offered at the trial shall be admissible as evidence if the tests were conducted under an order of the tribunal or by agreement, without regard to whether the tests were performed before or after the filing of a suit.

(e) The party seeking to establish an alleged father's paternity retains the right to open and close at trial without regard to whether the tribunal has shifted the burden of proof to the opposing party.

(f) If a copy is provided to the adverse party and to the tribunal at the pretrial conference, submission of a copy of a medical bill for the prenatal and postnatal health care expenses of the mother and child or for charges directly related to the parentage testing constitutes a prima facie showing that the charges are reasonable, necessary, and customary and may be admitted as evidence of the truth of the matters stated in the bill.

SECTION 620. PRESUMPTIONS; BURDEN OF PROOF.

(a) In a suit in which there is a presumption of parentage under Section 203, the party denying a presumed father's paternity of the child has the burden of rebutting the presumption of paternity by clear and convincing evidence.

(b) If the parentage tests show the possibility of an alleged father's paternity and that at least 99 percent of the male population is excluded from the possibility of being the father, evidence of these facts constitutes a prima facie showing of an alleged father's paternity, and the party opposing the establishment of the alleged father's paternity has the burden of proving that the alleged father is not the father of the child.

(c) A party who refuses to submit to parentage testing has the burden of proving that an alleged father is not the father of the child.

(d) The tribunal shall dismiss with prejudice a claim regarding a presumed father whose paternity is excluded by scientifically accepted paternity testing.

(e) If two or more presumptions are in conflict, the presumption that is founded on the weightier considerations of policy and logic controls. The tribunal shall find that the weightier presumption of paternity is that of a presumed father who is not excluded as the biological father of the child by scientifically accepted paternity testing that shows that at least 99 percent of the male population is excluded.

(f) The tribunal shall dismiss a suit contesting a presumption of paternity filed by a man who is not a presumed father, but who alleges himself to be the biological father of a child, if:

(1) the suit is filed after the second anniversary of the later of:

(A) the date of birth of the child; or

(B) the time the presumption of paternity came into existence after the child was born; and

(2) the presumed father:

(A) has resided in the same household as the child in a father-child relationship or has established a father-child relationship with the child through his other actions; and

(B) requests an order designating him as the father of the child.

(g) A suit contesting a presumption that a man is the biological father of a child may be filed at any time during the minority of the child by:

(1) the biological mother of the child;

(2) a person related within the second degree of consanguinity to the biological mother of the child, if the biological mother of the child is deceased;

(3) a presumed father; or

(4) a governmental entity, authorized agency, or licensed child-placing agency.

(h) If a presumption of paternity is rebutted, the tribunal shall enter an order finding that the man presumed to be the father of the child is not the biological father.

SECTION 621 [ 14]. CIVIL ACTION[; JURY].

(a) An action under this Act is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections (b) and (c) of Section 607[10] and Sections 608[11] and 609[12] apply.

(b) Testimony relating to sexual access to the mother by an unidentified man at any time or by an identified man at a time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.

(c) In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if he has undergone and made available to the court blood tests the results of which do not exclude the possibility of his paternity of the child. A man who is identified and is subject to the jurisdiction of the court shall be made a defendant in the action.

(b)[(d) The trial shall be by the tribunal [court without a jury.]

15. JUDGMENT OR ORDER.

(a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

(b) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that [an amended birth registration be made] [a new birth certificate be issued] under Section 23.

(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

(d) Support judgments or orders ordinarily shall be for periodic payments which may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.

(e) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts including

(1) the needs of the child;

(2) the standard of living and circumstances of the parents;

(3) the relative financial means of the parents;

(4) the earning ability of the parents;

(5) the need and capacity of the child for education, including higher education;

(6) the age of the child;

(7) the financial resources and the earning ability of the child;

(8) the responsibility of the parents for the support of others; and

(9) the value of services contributed by the custodial parent.

SECTION 622 [ 16]. COSTS.

The tribunal [court] may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pre-trial proceedings, including paternity testing [blood tests], to be paid by the parties in proportions and at times determined by the tribunal [court]. The tribunal [court] may order the proportion of any indigent party to be paid by [appropriate public authority].

SECTION 623 [ 20]. HEARINGS AND RECORDS; CONFIDENTIALITY.

Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this Act shall be held in closed session [court] without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the tribunal [court] or of a file in the [appropriate state agency] or elsewhere, are subject to inspection only upon consent of the tribunal [court] and all interested persons, or in exceptional cases only upon an order of the tribunal [court] for good cause shown.

SECTION 624 [ 22]. PROMISE TO RENDER SUPPORT.

(a) Any promise in writing to furnish support for a child, growing out of a supposed or alleged father-child relationship, does not require consideration and is enforceable according to its terms, subject to Section 601(d) [6(d)].

(b) In the best interest of the child or the mother, the tribunal [court] may, and upon the promisor's request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.

SECTION 625. FINAL ORDER REGARDING PARENTAGE.

The tribunal shall render a final order declaring whether an alleged parent is the biological parent of the child.

(b) The effect of an order declaring that an alleged parent is the biological parent of the child is to confirm or create the parent-child relationship between the parent and the child for all purposes.

(c) If parentage is established, the order shall state the name of the child.

SECTION 626. SUIT BARRED.

(a) Except as provided by Subsection (b), a suit under this article with respect to a child is barred if final judgment has been rendered by a tribunal of competent jurisdiction:

(1) adjudicating a named individual to be the biological father of the child; or

(2) terminating the parent-child relationship between the child and each living parent of the child; or

(3) granting a petition for the adoption of the child.

(b) During the pendency of an appeal or direct attack on a judgment described by Subsection (a), a suit under this article may be filed but shall, on motion of a party, be stayed pending the final disposition of the appeal or direct attack on the judgment.

ARTICLE 7. POST-JUDGMENT PROCEEDINGS

SECTION 701 [ 17]. ENFORCEMENT OF JUDGMENT OR ORDER.

(a) If existence of the father-child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this Act or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

(b) The tribunal [court] may order support payments to be made to the mother, the clerk of the tribunal [court], or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the tribunal [court].

(c) Willful failure to obey the judgment or order of the tribunal [court] is a civil contempt of the tribunal [court]. All remedies for the enforcement of judgments apply.

18. MODIFICATION OF JUDGMENT OR ORDER.

The court has continuing jurisdiction to modify or revoke a judgment or order

(1) for future education and support, and

(2) with respect to matters listed in Subsections (c) and (d) of Section 15 and Section 17(b), except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under Section 15(d) may specify that the judgment or order may not be modified or revoked.

SECTION 702 [ 19(a)]. RIGHT TO COUNSEL[; FREE TRANSCRIPT ON APPEAL].

[(a) ]At the pre-trial hearing and in further proceedings, any party may be represented by counsel. The tribunal [court] shall appoint counsel for a party who is financially unable to obtain counsel.

SECTION 703 [ 19(b)]. FREE TRANSCRIPT ON APPEAL.

[(b)] If a party is financially unable to pay the cost of a transcript, the tribunal [court] shall furnish on request a transcript for purposes of appeal.

SECTION 704 [ 23]. BIRTH RECORDS.

(a) Upon order of a tribunal [court] of this State or upon request of a tribunal [court] of another state, the [registrar of births] shall prepare [an amended birth registration] [a new certificate of birth] consistent with the findings of the tribunal [court] [and shall substitute the new certificate for the original certificate of birth].

(b) The fact that the father-child relationship was declared after the child's birth shall not be ascertainable from the [amended birth registration] [new certificate] but the actual place and date of birth shall be shown.

(c) The evidence upon which the [amended birth registration] [new certificate] was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the tribunal [court] and all interested persons, or in exceptional cases only upon an order of the tribunal [court] for good cause shown.

SECTION 705 [ 24]. WHEN NOTICE OF ADOPTION PROCEEDING REQUIRED.

If a mother relinquishes or proposes to relinquish for adoption a child who has (1) a presumed father under Section [4(a), (2)] a father whose relationship to the child has been determined by a tribunal [court], or (3) a father as to whom the child is a legitimate child under prior law of this State or under the law of another jurisdiction, the father shall be given notice of the adoption proceeding and have the rights provided under [the appropriate State statute] [the Revised Uniform Adoption Act], unless the father's relationship to the child has been previously terminated or determined by a tribunal [court] not to exist.

SECTION 706 [ 25]. PROCEEDING TO TERMINATE PARENTAL RIGHTS.

(a) If a mother relinquishes or proposes to relinquish for adoption a child who does not have (1) a presumed father under Section 4(a), (2) a father whose relationship to the child has been determined by a tribunal [court], or (3) a father as to whom the child is a legitimate child under prior law of this State or under the law of another jurisdiction, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having custody of the child, shall file a petition in the [________] tribunal [court] to terminate the parental rights of the father, unless the father's relationship to the child has been previously terminated or determined by a tribunal [court] not to exist.

(b) In an effort to identify the biological [natural] father, the tribunal [court] shall cause inquiry to be made of the mother and any other appropriate person. The inquiry shall include the following: whether the mother was married at the time of conception of the child or at any time thereafter; whether the mother was cohabiting with a man at the time of conception or birth of the child; whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy; or whether any man has formally or informally acknowledged or declared his possible paternity of the child.

(c) If, after the inquiry, the biological [natural] father is identified to the satisfaction of the tribunal [court], or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with Subsection (e). If any of them fails to appear or, if appearing, fails to claim custodial rights, his parental rights with reference to the child shall be terminated. If the biological [natural] father or a man representing himself to be the biological [natural] father, claims custodial rights, the tribunal [court] shall proceed to determine custodial rights.

(d) If, after the inquiry, the tribunal [court] is unable to identify the biological [natural] father or any possible biological [natural] father and no person has appeared claiming to be the biological [natural] father and claiming custodial rights, the tribunal [court] shall enter an order terminating the unknown biological [natural] father's parental rights with reference to the child. Subject to the disposition of an appeal upon the expiration of [6 months] after an order terminating parental rights is issued under this subsection, the order cannot be questioned by any person, in any manner, or upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter.

(e) Notice of the proceeding shall be given to every person identified as the biological [natural] father or a possible biological [natural] father [in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state, or] in any manner the tribunal [court] directs. Proof of giving the notice shall be filed with the tribunal [court] before the petition is heard. [If no person has been identified as the biological [natural] father or a possible father, the tribunal [court], on the basis of all information available, shall determine whether publication or public posting of notice of the proceeding is likely to lead to identification and, if so, shall order publication or public posting at times and in places and manner it deems appropriate.]

SECTION 707. [UPUFA SECTION 3.] NOTICE OF JUDICIAL PROCEEDINGS FOR ADOPTION OR TERMINATION OF PARENTAL RIGHTS.

(a) In an adoption or other judicial proceeding that may result in termination of any man's parental rights with respect to a child, the person seeking termination shall give notice to every putative father of the child known to that person.

(b) The notice must be given (i) at a time and place and in a manner appropriate under the [rules of civil procedure for the service of process in a civil action in this State] or (ii) at a time and place and in a manner as the tribunal [court] directs and which provides actual notice.

(c) A putative father may participate as a party in a proceeding described in subsection (a).

(d) If, at any time in the proceeding, it appears to the tribunal [court] that there is a putative father of the child who has not been given notice, the tribunal [court] shall require notice of the proceeding to be given to him in accordance with subsection (b).

(e) If, at any time in the proceeding, it appears to the tribunal [court] that an unknown father may not have been given notice, the tribunal [court] shall determine whether he can be identified. The determination must be based on evidence that includes inquiry of appropriate persons in an effort to identify him for the purpose of providing notice. The inquiry must include:

(1) whether the mother was married at the probable time of conception of the child or at a later time;

(2) whether the mother was cohabiting with a man at the probable time of conception of the child;

(3) whether the mother has received support payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy;

(4) whether the mother has named any man as the biological father in connection with applying for or receiving public assistance; and

(5) whether any man has formally or informally acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child or in which the child has resided or resides at the time of the inquiry.

(f) If the inquiry required by subsection (e) identifies any man as the unknown father, the tribunal [court] shall require notice of the proceeding to be given to him pursuant to subsection (b). If the inquiry so identifies a man, but his whereabouts are unknown, the tribunal [court] shall proceed in accordance with subsections (b) and (g).

(g) If, after the inquiry required by subsection (e), it appears to the tribunal [court] that there may be an unknown father of the child, the tribunal [court] shall consider whether publication or public posting of notice of the proceeding is likely to lead to actual notice to him. The tribunal [court] may order publication or public posting of the notice only if, on the basis of all information available, the tribunal [court] determines that the publication or posting is likely to lead to actual notice to him.

SECTION 708. [UPUFA SECTION 4.] NOTICE OF JUDICIAL PROCEEDINGS REGARDING CUSTODY OR VISITATION.

(a) The petitioner in a judicial proceeding to change or establish legal or physical custody of or visitation rights with respect to a child shall give notice to every putative father of the child known to the petitioner, except a proceeding for annulment, declaration of invalidity, divorce, marital dissolution, legal separation, modification of child custody, or determination of paternity.

(b) The notice must be given (i) at a time and place and in a manner appropriate under the [rules of civil procedure for the service of process in a civil action in this State] or (ii) as the tribunal [court] determines will likely provide actual notice.

(c) If, at any time in the proceeding, it appears to the tribunal [court] that there is a putative father of the child who has not been given notice of the proceeding, the tribunal [court] shall require notice of the proceeding to be given to him pursuant to subsection (b).

(d) If, at any time in the proceeding, it appears to the tribunal [court] that there may be an unknown father who has not been given notice of the proceeding, the tribunal [court], in the best interest of the child, may attempt to identify him pursuant to Section 3(e) and require notice of the proceeding to be given to him pursuant to Section 3(f) and (g).

(e) A putative father may participate as a party in a proceeding described in subsection (a).

SECTION 709. [UPUFA SECTION 5.] FACTORS IN DETERMINING PARENTAL RIGHTS OF FATHER. In determining whether to preserve or terminate the parental rights of a putative father in a proceeding governed by Section 3 or 4, the tribunal [court] shall consider all of the following factors that are pertinent:

(1) the age of the child;

(2) the nature and quality of any relationship between the man and the child;

(3) the reasons for any lack of a relationship between the man and the child;

(4) whether a parent-child [parent and child] relationship has been established between the child and another man;

(5) whether the child has been abused or neglected;

(6) whether the man has a history of substance abuse or of abuse of the mother or the child;

(7) any proposed plan for the child;

(8) whether the man seeks custody and is able to provide the child with emotional or financial support and a home, whether or not he has had opportunity to establish a parent- child [parent and child] relationship with the child;

(9) whether the man visits the child, has shown any interest in visitation, or, desiring visitation, has been effectively denied an opportunity to visit the child;

(10) whether the man is providing financial support for the child according to his means;

(11) whether the man provided emotional or financial support for the mother during prenatal, natal, and postnatal care;

(12) the circumstances of the child's conception, including whether the child was conceived as a result of incest or forcible rape;

(13) whether the man has formally or informally acknowledged or declared his possible paternity of the child; and

(14) other factors the tribunal [court] considers relevant to the standards for making an order, as stated in Section 6(d) and (g).

SECTION 710. [UPUFA SECTION 6. COURT] DETERMINATIONS AND ORDERS BY TRIBUNAL.

(a) If a man appears in a proceeding described in Section 3, other than as a petitioner or prospective adoptive parent, the tribunal [court] may:

(1) [in accordance with [applicable state law],] determine whether the man is the biological father of the child and, if the tribunal [court] determines that he is, enter an order in accordance with subsection (d); or

(2) without determining paternity, and consistent with the standards in subsection (d), enter an order, after considering the factors in Section 5, terminating any parental rights he may have, or declaring that he has no parental rights, with respect to the child.

(b) If the tribunal [court] makes an order under subsection (a), the tribunal [court] may also make an order (i) terminating the parental rights of any other man given notice who does not appear, or (ii) declaring that no man has any parental rights with respect to the child.

(c) If a man who appears in a proceeding described in Section 3 is determined by the tribunal [court] to be the father, the tribunal [court], after considering evidence of the factors in Section 5, shall determine (i) whether a familial bond between the father and the child has been established; or (ii) whether the failure to establish a familial bond is justified, and the father has the desire and potential to establish the bond.

(d) If the tribunal [court] makes an affirmative determination under subsection (c), the tribunal [court] may terminate the parental rights of the father [, in accordance with [applicable state law],] only if failure to do so would be detrimental to the child. If the tribunal [court] does not make an affirmative determination, it may terminate the parental rights of the father if doing so is in the best interest of the child.

(e) If no man appears in a proceeding described in Section 3, the tribunal [court] may enter an order:

(1) terminating with respect to the child the parental rights of any man given notice; or

(2) declaring that no putative father or unknown father has any parental rights with respect to the child.

(f) If the tribunal [court] does not require notice under Section 3, it shall enter an order declaring that no putative father or unknown father has any parental rights with respect to the child.

(g) If a man appears in a proceeding described in Section 4 and requests custody or visitation based on a claim of paternity, the tribunal [court] shall either determine [, in accordance with [applicable state law],] whether he is the biological father of the child or, after considering the factors in Section 5, deny him the custody of or visitation with the child. If the tribunal [court] determines that he is the biological father, the tribunal [court] shall determine, after considering evidence of the factors listed in Section 5, whether or not to grant him custody or visitation and shall make such other orders as are appropriate. All orders issued under this subsection must be in the child's best interest.

(h) A tribunal [court] order under subsection (a)(2), (b), (d), or (e) terminating the parental rights of a man, or declaring that no man has parental rights, with respect to the child, is not a determination that the man is or is not the biological father of the child.

(i) [Six months] after the date of issuance of an order under this section terminating parental rights or declaring that no man has parental rights, no person may directly or collaterally challenge the order upon any ground, including fraud, misrepresentation, failure to give a required notice, or lack of jurisdiction over the parties or of the subject matter. The running of this period of limitation may not be extended for any reason.

ARTICLE 8. MISCELLANEOUS

SECTION 801 [ 26]. UNIFORMITY OF APPLICATION AND CONSTRUCTION.

This Act shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.

SECTION 802 [ 28]. SEVERABILITY.

If any provision of this [Act] or its application to any persons or circumstance is held invalid, the invalidity does not affect other provisions or applications of the [Act] which can be given effect without the invalid provision or application, and to this end the provisions of this [Act] are severable.

SECTION 803 [ 29]. [REPEAL].

The following acts and parts of acts are repealed:

(1) [Paternity Act]

(2)

(3)

SECTION 804 [ 30]. TIME OF TAKING EFFECT.

This act shall take effect on __________.