Comment

(This is section 635 of the UPA.)

A major principle of the new UPA--and its predecessor--is that the child's right to have a determination of paternity is fundamental. This new section confirms this right by declaring that the delinquency of another person in prosecuting such a proceeding, e.g., the mother or a support enforcement agency, may not permanently preclude the ultimate resolution of a parentage determination.

§1956.__Order adjudicating parentage

1.__Order.__ The court shall issue an order adjudicating whether a person alleged or claiming to be the parent is the parent of the child.

2.__Identify child.__An order adjudicating parentage must identify the child by name and date of birth.

3.__Fees, costs and expenses.__Except as otherwise provided in subsection 4, the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter.__The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.

4.__No assessment against agency.__The court may not assess fees, costs or expenses against the support enforcement agency of this State or another state, except as provided by other law.

5.__Change of name.__On request of a party and for good cause shown, the court may order that the name of the child be changed.

6.__Amended birth registration.__If the order of the court is at variance with the child's birth certificate, the court shall order the State Registrar of Vital Statistics to issue an amended birth registration.

Comment

(This is section 636 of the UPA.)