§ 46b-562 — (Formerly Sec. 46b-162). Action by state or town.

Connecticut § 46b-562

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 818: Connecticut Parentage Act and Parentage-Related Provisions

Text

The state or any town interested in the support of a child born to parents not married to each other may, if the parent who gave birth neglects to bring a petition, institute such proceedings against the alleged parent, and may take up and pursue any petition commenced by the parent who gave birth for the maintenance of the child, if the parent who gave birth fails to prosecute to final judgment. The petition may be made by the Commissioner of Social Services on information or belief. The parent who gave birth to the child may be subpoenaed for testimony on the hearing of the petition.

Legislative History

(February, 1965, P.A. 406, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 17, 39; P.A. 93-262, S. 69, 87; P.A. 21-15, S. 120.) History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-560 authorized commissioner of income maintenance to make petition; Sec. 52-440a transferred to Sec. 46b-162 in 1979; P.A. 93-262 replaced reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993; P.A. 21-15 replaced “out of wedlock, if the mother” with “to parents not married to each other may, if the parent who gave birth”, replaced “person accused of begetting the child” with “alleged parent”, replaced “mother” with “parent who gave birth”, deleted “or the town welfare administrator” and made technical changes, effective January 1, 2022; Sec. 46b-162 transferred to Sec. 46b-562 in 2023. Annotations to former section 52-440a: Proof that the mother was examined in her travail unnecessary if selectmen sue. 1 D. 278. Her testimony also unnecessary; only one selectman need swear to the complaint. 6 C. 44. Necessary averments in declaration. 5 C. 424; 6 C. 44; 7 C. 289. The suit may be commenced by forthwith process. Id. The judgment cannot be for a weekly sum. 28 C. 444. Town may be third party beneficiary on bond given to mother. 128 C. 322. Order contemplated by Sec. 52-439a, this section and Sec. 52-442 is not only for the protection of the mother but also of the town. 143 C. 688. Saving public the burden of supporting an illegitimate child is not the primary purpose of proceedings. 146 C. 370. Cited. 165 C. 33. Cited. 20 CS 350; 35 CS 628. Where sole evidence of paternity was prior accusation of plaintiff which she repudiated in court, defendant's motion for judgment notwithstanding verdict should be granted. 4 Conn. Cir. Ct. 326–329. Annotations to former section 46b-162: Cited. 188 C. 354; 194 C. 52; 234 C. 51. Cited. 11 CA 548. Minor child who is subject of a paternity action is an indispensable party to that action. 78 CA 848.