§ 46b-489 — Adjudicating parentage of child with presumed parent.

(a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced: (1) Before the child reaches eighteen years of age; or (2) after the child reaches eighteen years of age, but only if the child initiates the proceeding. (b) Except as provided in subsection (e) of this section, a presumption of parentage under section 46b-488 cannot be overcome after the child attains two years of age unless the court determines: (1) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent's child; or (2) The child has more than one presumed parent; or (3) The alleged genetic parent did not know of the potential genetic parentage of the child and could not reasonably have known on account of material misrepresentation or concealment, and the alleged genetic parent commences a proceeding to challenge a presumption of parentage under section 46b-488 not later than one year after the date of discovering the potential genetic parentage. If the person is adjudicated to be the genetic parent of the child, the court may not disestablish a presumed parent. (c) The following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the person who gave birth to the child is the only other person with a claim to parentage of the child: (1) If no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child. (2) If the presumed parent is identified under section 46b-500 as a genetic parent of the child and that identification is not successfully challenged under said section, the court shall adjudicate the presumed parent to be a parent of the child. (3) If the presumed parent is not identified under section 46b-500 as a genetic parent of the child and the presumed parent or the person who gave birth to the child challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under subsections (a) and (b) of section 46b-475 . (d) Subject to the limitations set forth in this section and section 46b-488 , if in a proceeding to adjudicate a presumed parent's parentage of a child, another person in addition to the person who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under section 46b-475 . (e) A presumption of parentage under subdivision (3) of subsection (a) of section 46b-488 , can be challenged if such other parent openly held out the child as the presumed parent's child due to duress, coercion or threat of harm. Evidence of duress, coercion or threat of harm may include: (1) Whether within the ten-year period preceding the date of the proceeding, the presumed parent: (A) Has been convicted of domestic assault, sexual assault or sexual exploitation of the child or a parent of the child; (B) has been convicted of a family violence crime, as defined in section 46b-38a ; (C) is or has been subject to an order of protection pursuant to section 46b-15 , 46b-16a , 46b-38c or 54-1k ; (D) was found to have committed abuse against the child or a parent of the child; or (E) was substantiated for abuse against the child or a parent of the child; (2) a sworn affidavit from a domestic violence counselor or sexual assault counselor, as defined in section 52-146k , provided the person who had confidential communications with the domestic violence counselor or sexual assault counselor has waived the privilege, in which case disclosure shall be made pursuant to section 52-146k ; or (3) other credible evidence of abuse against the parent of the child or the child, including, but not limited to, the parent's or child's sworn affidavit or an affidavit from a social service provider, health care provider, clergy person, attorney, or other professional from whom the parent or child sought assistance regarding the abuse.

Legislative History

(P.A. 21-15, S. 37; P.A. 22-37, S. 28.) History: P.A. 21-15 effective January 1, 2022; P.A. 22-37 made technical changes in Subsec. (e).