§ 46b-571 — (Formerly Sec. 46b-172a). Filing of claim for parentage by alleged genetic parent. Attorney General as party. Child as party. Hearing. Rights and responsibilities upon adjudication or acknowledgment of parentage. Claim for parentage after death of alleged genetic parent.

Connecticut § 46b-571

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

Text

(a) Any person claiming to be the alleged genetic parent of a child born to an unmarried birth parent and for whom parentage of the nonbirth parent has not yet been established shall file a claim for parentage with the Probate Court for the district in which either the birth parent or the child resides, on forms provided by such court. The claim may be filed at any time during the life of the child, whether before, on or after the date the child reaches the age of eighteen, or after the death of the child, but not later than sixty days after the date of notice under section 45a-716. The claim shall contain the claimant's name and address, the name and last-known address of the birth parent and the month and year of the birth or expected birth of the child. Not less than ten days prior to the date of the hearing on a claim for parentage, the Probate Court shall cause a certified copy of such claim and the notice of hearing under subsection (b) of this section to be served upon the birth parent of such child by personal service or service at the birth parent's usual place of abode, and to the Attorney General by first class mail. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231. The claim for parentage shall be admissible in any action for parentage under section 46b-560, and shall estop the claimant from denying parentage of such child and shall contain language that such person acknowledges liability for contribution to the support and education of the child after the child's birth and for contribution to the pregnancy-related medical expenses of the birth parent. (b) If a claim for parentage is filed by the alleged genetic parent of any minor child born to an unmarried birth parent, the Probate Court shall schedule a hearing on such claim, send notice of the hearing to all parties involved and proceed accordingly. (c) The child shall be made a party to the action. If the child is a minor at the time of the proceedings, the minor child shall be represented by a guardian ad litem appointed by the Probate Court in accordance with section 45a-708 . Payment for the guardian ad litem shall be made in accordance with such section from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund. (d) In the event that the birth parent or the alleged genetic parent is a minor, the Probate Court shall appoint a guardian ad litem to represent him or her in accordance with the provisions of section 45a-708 . Payment shall be made in accordance with said section from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund. (e) By filing a claim under this section, the alleged genetic parent submits to the jurisdiction of the Probate Court. (f) Once parental rights of the alleged genetic parent have been adjudicated in such parent's favor under subsection (b) of this section, or acknowledged as provided for under sections 46b-476 to 46b-487 , inclusive, such parent's rights and responsibilities shall be equivalent to those of the birth parent, including those rights defined under section 45a-606 . Thereafter, disputes involving custody, visitation or support shall be transferred to the Superior Court under chapter 815j, except that the Probate Court may enter a temporary order for custody, visitation or support until an order is entered by the Superior Court. (g) Failing perfection of parental rights as prescribed by this section, any person claiming to be the alleged genetic parent of a child born to an unmarried birth parent (1) who has not been adjudicated the parent of such child by a court of competent jurisdiction, or (2) who has not acknowledged in writing that such person is the parent of such child, or (3) who has not contributed regularly to the support of such child, or (4) whose name does not appear on the birth certificate, shall cease to be a legal party in interest in any proceeding concerning the custody or welfare of the child, including, but not limited to, guardianship and adoption, unless such person has shown a reasonable degree of interest, concern or responsibility for the child's welfare. (h) Notwithstanding the provisions of this section, after the death of the alleged genetic parent of a child born to an unmarried birth parent, a party deemed by the Probate Court to have a sufficient interest may file a claim for parentage on behalf of such alleged genetic parent with the Probate Court for the district in which either the alleged genetic parent resided or the party filing the claim resides. If a claim for parentage is filed pursuant to this subsection, the Probate Court shall schedule a hearing on such claim, send notice of the hearing to all parties involved and proceed accordingly.

Legislative History

(P.A. 79-592, S. 2; P.A. 80-483, S. 123, 124, 186; P.A. 90-31, S. 8, 9; P.A. 91-109, S. 3; P.A. 93-381, S. 9, 39; P.A. 94-27, S. 15, 17; P.A. 95-257, S. 12, 21, 58; P.A. 96-170, S. 8, 23; P.A. 97-90, S. 5, 6; June 18 Sp. Sess. P.A. 97-7, S. 24, 38; P.A. 98-52, S. 2; P.A. 99-84, S. 8; P.A. 06-149, S. 14; P.A. 07-184, S. 8; P.A. 14-104, S. 7; P.A. 21-15, S. 128; 21-100, S. 13; P.A. 23-189, S. 3.) History: P.A. 80-483 made technical corrections in Subsecs. (f) and (h); P.A. 90-31 amended Subsecs. (b) and (c) by changing payment of guardian ad litem from funds appropriated to the judicial department to the probate court administration fund; P.A. 91-109 added Subsec. (i) permitting party deemed by the court to have sufficient interest to file claim for paternity on behalf of father after death of father with the probate court for district in which either the putative father resided or the party filing the claim resides and providing for notice and hearing for such claim; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-27 amended Subsec. (e) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-170 amended Subsecs. (c) and (d) by changing funding of compensation of guardian ad litem from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (f) by deleting provision re waiver of right to trial, effective July 1, 1997; P.A. 98-52 amended version of Subsecs. (c) and (d) which became obsolete on July 1, 1998; P.A. 99-84 amended Subsec. (a) by deleting requirement that a certified copy of such claim be mailed to the vital records section of the Department of Public Health; P.A. 06-149 amended Subsec. (a) to add provisions re Attorney General filing an appearance and being a party and substitute “not later than” for “within”, effective January 1, 2007; P.A. 07-184 amended Subsec. (a) to substitute “served upon” for “mailed by certified mail to”, and “by personal service or service at her usual place of abode” for “at the last-known address shown on the claim for paternity”, and to insert “by first class mail”; P.A. 14-104 amended Subsec. (a) to add provision re paternity claim may be filed at any time during life of child or after death of child, but not later than 60 days after notice under Sec. 45a-716, deleted former Subsec. (e) re appointment of three-judge court, redesignated existing Subsecs. (f) to (i) as Subsecs. (e) to (h), and made technical changes throughout; P.A. 21-15 amended Subsec. (a) by replacing “the father of a child born out of wedlock may file a claim for paternity” with “the alleged genetic parent of a child born to an unmarried birth parent and for whom parentage has not yet been established shall file a claim for parentage”, “mother” with “birth parent”, “paternity” with “parentage” and by making technical changes, amended Subsec. (b) by replacing “paternity” with “parentage” and replacing “father of any child born out of wedlock” with “alleged genetic parent of any minor child born to an unmarried birth parent”, amended Subsec. (d) by replacing “mother or the claimant father” with “birth parent or the alleged genetic parent”, amended Subsec. (e) by replacing “putative father” with “alleged genetic parent”, amended Subsec. (f) by replacing “father” with “alleged genetic parent”, reference to Sec. 46b-172” with reference to Secs. 46b-476 to 46b-487, inclusive, “mother” with “birth parent” and by making technical changes, amended Subsec. (g) by replacing “father of a child born out of wedlock” with “alleged genetic parent of a child born to an unmarried birth parent” and by making technical changes, amended Subsec. (h) by replacing “father of a child born out of wedlock” with “alleged genetic parent of a child born to an unmarried birth parent”, “father” and “putative father” with “alleged genetic parent”, “paternity” with “parentage” and by making technical changes, effective January 1, 2022; P.A. 21-100 amended Subsec. (c) to provide that guardian ad litem is appointed if child is a minor and make technical changes, effective July 1, 2021; Sec. 46b-172a transferred to Sec. 46b-571 in 2023; P.A. 23-189 amended Subsecs. (a), (c), (d) and (h) by changing “court” to “Probate Court” and further amended Subsec. (a) by replacing “later than five days after the filing of” with “less than ten days prior to the date of the hearing on” and by adding that the Probate Court shall cause notice of hearing under Subsec. (b) to be served upon birth parent. Annotations to former section 46b-172a: Cited. 187 C. 431; 188 C. 354. Adjudication of paternity under section can be made only during litigation of minor child. 204 C. 760. Cited. 205 C. 411; 216 C. 514; 234 C. 51. Cited. 14 CA 487; 34 CA 129; judgment reversed, see 234 C. 51. Cited. 38 CS 91; 42 CS 562.