§ 16-43-901 — Competent witnesses

(a) The biological mother of a child shall be a competent witness to testify in any court proceeding or administrative hearing as to who is the biological father of the child, the time and place of conception, access by the putative father and by her husband, support or lack of support for the child provided by the putative father or by her husband, and any other matters necessary to the establishment of paternity or a support obligation for the child. (b) The husband of the biological mother shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Date of marriage; (2) Period of cohabitation with the biological mother; (3) Period of nonaccess with the biological mother; and (4) Date of separation from the biological mother. (c) The putative father of a child shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Period of cohabitation with the biological mother; (2) Period of access with the biological mother; and (3) Lack of sexual contact with the biological mother. (d) Upon a finding of the court by clear and convincing evidence that the presumption of legitimacy of a child born of a marriage has been rebutted, the court shall: (1) Relieve the putative father of further support liability; (2) Attempt to identify and establish the biological father of the child, if possible; and (3) Set a support obligation for the child to be paid by the biological father. (e) (1) To assist the court in this determination, the court may direct the biological mother, her husband, the putative father, and the child to submit to one (1) or more blood tests or other scientific examinations or tests as provided in § 9-10-108 . (2) Such test results shall be admissible as provided in § 9-10-108 . (f) In any case where the court is unable to determine paternity for the child, the lawful husband of the biological mother shall be presumed to be the father of the child, and the court shall establish a support obligation for the child unless blood tests or other scientific evidence conclusively eliminate him from paternity consideration. (g) (1) The purpose of this section is to enable the courts to receive into evidence relevant facts concerning the paternity of a child in any court proceeding or administrative hearing involving paternity or a support obligation for a child. (2) The court shall consider foremost the interest of the child in making any determination hereunder and consider only testimony and evidence which will serve the best interest of the child in its findings pursuant to this section. (h) As used in this section, "putative father" means any man, not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a child, who claims or is alleged to be the biological father of the child.

Legislative History

Acts 1989, No. 657, § 1; 1993, No. 431, § 1.