§ 63-17-10 — Purpose; definitions.

(A) The purpose of this article is to establish a procedure to aid in the determination of the paternity of an individual. (B) As used in this article, "child" includes, but is not limited to, a person under the age of eighteen years. (C) An action to establish the paternity of an individual may be brought by: (1) a child; (2) the natural mother of a child; (3) any person in whose care a child has been placed; (4) an authorized agency, including, but not limited to, the Department of Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 63-3-550 and 63-17-340; or (5) a person who claims to be the father of a child. (D) If an action is brought under this article prior to the birth of a child, all proceedings must be stayed until after the birth of the child except the service of a summons and the taking of depositions or other discovery procedures. (E) Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties respondents to the action. A child under the age of eighteen years must be represented by a guardian ad litem appointed by the court. Neither the mother nor the presumed or putative father of the child may represent him as guardian ad litem.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2.