HOUSE 3rd Reading Unamended March 2, 2004 HOUSE Amended 2nd Reading February 27, 2004Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 04-0458.01 Jennifer Gilroy HOUSE BILL 04-1083 HOUSE SPONSORSHIP Sinclair, SENATE SPONSORSHIP Jones, House Committees Senate Committees Information & Technology A BILL FOR AN ACT Concerning termination of child support obligations based upon DNA evidence of nonparentage. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Specifies that conclusive DNA genetic testing results demonstrating that a person is not the biological parent of a child shall constitute a substantial and continuing change in circumstances warranting modification of child support. Directs the court in such cases to terminate the child support installments accruing after the filing of the motion for modification based on the genetic testing results. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 4 of title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 19-4-107.3. Determination of parentage final - modifications - exceptions. (1) Except as otherwise provided in subsection (2) of this section, an order determining parentage pursuant to this article is final. (2) (a) Notwithstanding the provisions set forth in section 19-4-107, an order determining parentage pursuant to this article shall be modified or set aside if genetic test results based on DNA testing, administered in accordance with section 13-25-126, C.R.S., establishes the exclusion of the individual named as the father in the order and establishes that the damage to the purported father that would result from preserving the determination of parentage outweighs the harm to the child that may result from setting aside the determination of parentage. (b) Notwithstanding paragraph (a) of this subsection (2), a determination of parentage shall not be modified or set aside pursuant to paragraph (a) of this subsection (2) if: (I) The individual named in the order acknowledged paternity knowing that he was not the father of the child; (II) The child was adopted by the individual; or (III) The child was conceived by means of assisted reproduction. (3) If the court finds that the genetic test results based on DNA testing conclusively demonstrate that an individual named as the father in the order is not the biological parent of the child and that the damage to the purported father that would result from preserving the determination of parentage outweighs the harm to the child that may result from setting aside the determination of parentage, the court shall modify the provisions of any order respecting child support by terminating the child support obligation as to installments accruing subsequent to the filing of the motion. (4) For purposes of this section, "DNA" means deoxyribonucleic acid. SECTION 2. 14-10-122, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien. (6) (a) A party may seek to modify or set aside a court order for child support entered pursuant to this article if the party establishes through the results of a genetic test based on DNA testing, administered in accordance with section 13-25-126, C.R.S., the exclusion of the party as the biological parent of the child for whose benefit the child support order was entered and establishes that the damage to the purported father that would result from continuing the court order for child support outweighs the harm to the child that may result from terminating the court order for child support. (b) Notwithstanding paragraph (a) of this subsection (6), a court order for child support shall not be modified or set aside pursuant to paragraph (a) of this subsection (6) if: (I) The child support obligor acknowledged paternity knowing that he was not the father of the child; (II) The child was adopted by the individual; or (III) The child was conceived by means of assisted reproduction. (c) If the court finds that the genetic test results based on DNA testing conclusively demonstrate that a party is not the biological parent of the child and that the damage to the purported father that would result from continuing the court order for child support outweighs the harm to the child that may result from terminating the court order for child support, the court shall modify the provisions of any order respecting child support by terminating the child support obligation as to installments accruing subsequent to the filing of the motion. (d) For purposes of this subsection (6), "DNA" means deoxyribonucleic acid. SECTION 3. 13-25-126 (1) (a), Colorado Revised Statutes, is amended to read: 13-25-126. Genetic tests to determine parentage. (1) (a) In any action, suit, or proceeding in which the parentage of any child is at issue or in any action, suit, or proceeding in which a person seeks to modify or set aside a determination of parentage and an order for child support pursuant to section 19-4-107.3, C.R.S., or in any proceeding in which a person seeks to modify or set aside an order for child support pursuant to section 14-10-122 (6), C.R.S., upon motion of the court or any of the interested parties, the court shall order the alleged mother, the child or children, and the alleged father to submit to genetic testing and other appropriate testing of inherited characteristics, including but not limited to blood and tissue type, for the purpose of determining probability of parentage. If any party refuses to submit to these tests, the court may resolve the question of parentage against such party to enforce its order if the rights of others and the interests of justice so require. SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.