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Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children
[Code of Federal Regulations]
[Title 45, Volume 2, Parts 200 to 499]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.5]
[Page 144-146]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 303--STANDARDS FOR PROGRAM OPERATIONS

Sec. 303.5 Establishment of paternity.

     (a) For all cases referred to the IV-D agency or applying for services under Sec. 302.33 of this chapter in which paternity has not been established, the IV-D agency must, as appropriate:

     (1) Provide an alleged father the opportunity to voluntarily acknowledge paternity in accordance with Sec. 302.70(a)(5)(iii); and

     (2) Attempt to establish paternity by legal process established under State law.

     (b) The IV-D agency need not attempt to establish paternity in any case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending, if, in the opinion of the IV-D agency, it would not be in the best interests of the child to establish paternity.

     (c) The IV-D agency must identify and use through competitive procurement laboratories which perform, at reasonable cost, legally and medically acceptable genetic tests which tend to identify the father or exclude the alleged father. The IV-D agency must make available a list of such laboratories to appropriate courts and law enforcement officials, and to the public upon request.

     (d)(1) Upon the request of any party in a contested paternity case, the IV-D agency, if the agency lacks the authority to order such tests, shall petition the court or administrative authority to require all parties to submit to genetic tests unless, in the case of an individual receiving aid under the State's title IV-A or XIX plan, there has been a determination of good cause for refusal to cooperate under Secs. 232.40 through 232.49 of this title or 42 CFR 433.147, respectively, or if, in accordance with Sec. 303.5(b), the IV-D agency has determined that it would not be in the best interest of the child to establish paternity in a case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending.

     (2) A contested paternity case is any legal action in which the issue of paternity may be raised under State law and one party denies paternity.

     (e)(1) The IV-D agency may charge any individual who is not a recipient of aid under the State's title IV-A or XIX plan a reasonable fee for performing genetic tests.

     (2) Any fee charged must be reasonable so as not to discourage those in need of paternity establishment services from seeking them and may not exceed the actual costs of the genetic tests.

     (3) If paternity is established and genetic tests were performed, the IV-D agency must attempt to obtain a judgment for the costs of the genetic tests from the party who denied paternity or, at State option, from each party so long as the total amount requested does not exceed the actual costs of the genetic tests.

     (4) The IV-D agency must use any amount collected under paragraphs (e) (1) and (3) of this section that exceeds the costs of performing genetic tests to reimburse any fee paid under paragraph (e)(1) of this chapter.

     (f) The IV-D agency must seek entry of a default order by the court or administrative authority in a paternity case by showing that process has been served on the defendant in accordance with State law, that the defendant has failed to respond to service in accordance with State procedures, and any additional showing required by State law, in accordance with Sec. 302.70(a)(5)(viii).

     (g) Hospital-based program. (1) The State must establish, in cooperation with hospitals, a hospital-based program in every public and private birthing hospital. These programs must be operational in birthing hospitals statewide no later than January 1, 1995 (unless Federal law governing the effective date gives the State additional time).

     (2) During the period immediately before or after the birth of a child to an unmarried woman in the hospital, a hospital-based program must, at a minimum:

     (i) Provide to both the mother and alleged father, if he is present in the hospital:

     (A) Written materials about paternity establishment,

     (B) The forms necessary to voluntarily acknowledge paternity,

     (C) A written description of the rights and responsibilities of acknowledging paternity, and

     (D) The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment;

     (ii) Provide the mother and alleged father, if he is present, the opportunity to voluntarily acknowledge paternity in the hospital;

     (iii) Afford due process safeguards; and

     (iv) Forward completed acknowledgments or copies to the entity designated under Sec. 303.5(g)(8).

     (3) A hospital-based program need not provide services specified in paragraph (g)(2) of this section in cases where the mother or alleged father is a minor or a legal action is already pending, if the provision of such services is precluded by State law.

     (4) The State must require that a voluntary acknowledgment obtained through a hospital-based program be signed by both parents, and that the parents' signatures be authenticated by a notary or witness(es).

     (5) The State must provide to all public and private birthing hospitals in the State:

     (i) Written materials about paternity establishment,

     (ii) Forms necessary to voluntarily acknowledge paternity, and

     (iii) Copies of a written description of the rights and responsibilities of acknowledging paternity.

     (6) The State must provide training, guidance, and written instructions regarding voluntary acknowledgment of paternity, as necessary to operate the hospital-based program.

     (7) The State must assess each birthing hospital's program on at least an annual basis.

     (8) The State must designate an entity to which hospital-based programs must forward completed voluntary acknowledgments or copies in accordance with Sec. 303.5(g)(2)(iv). Under State procedures, this entity must be responsible for promptly recording identifying information about the acknowledgments with a statewide database, and the IV-D agency must have timely access to whatever identifying information and documentation it needs to determine in accordance with Sec. 303.5(h) if an acknowledgment has been recorded and to seek a support order on the basis of a recorded acknowledgment in accordance with Sec. 303.4(f).

     (h) In IV-D cases needing paternity establishment, the IV-D agency must determine if identifying information about a voluntary acknowledgment has been recorded in the statewide database in accordance with Sec. 303.5(g)(8).

[40 FR 27164, June 26, 1975, as amended at 50 FR 19650, May 9, 1985; 54 FR 32310, Aug. 4, 1989; 56 FR 22354, May 15, 1991; 59 FR 66250, Dec. 23, 1994]