SB 289 IN

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Specifies that a birth certificate must record the names of a child's biological parents. Specifies that if the biological parents are unknown, that the names of the presumptive parents determined under law must be recorded. Removes provisions using the age of a child at the time of the alleged father's death that govern when a paternity action must be filed for inheritance purposes. Repeals the statement that the general assembly favors the policy of establishing the paternity of a child born out of wedlock under IC 31-14. Provides that the policy of the state of Indiana is that a child's biological parents are the child's legal parents unless and until the child is adopted. Specifies certain rights and duties of biological parents. Provides that a child born out of wedlock during the lifetime of the alleged father may file a paternity action for purposes of inheritance on the child's paternal side: (1) during the lifetime of the alleged father; or (2) not later than five months after the death of the alleged father. Resolves a conflict between the probate law and the paternity action law in favor of the probate law by specifying that a child born out of wedlock after the death of the alleged father may file a paternity action for purposes of inheritance on the child's paternal side not more than 11 months after the death of the alleged father. Provides that to presume that a man is a child's biological father in the context of a marriage or attempted marriage between the man and the child's biological mother both the man and the child's biological mother must affirm under penalty of perjury that they believe the man to be the child's biological father. Provides the following concerning maternity and the rights and obligations of birth mothers: (1) That a woman who gives birth to a child is presumed to be the child's biological mother. (2) That the presumption of maternity is overcome through a blood or genetic test indicating that another woman is the biological mother of the child. (3) That a birth mother cannot disclaim maternity unless another woman comes forward and proves biological maternity. (4) That a birth mother who is not the biological mother of the child has the right to petition the court for visitation of the child.

• James Tomes Republican · author

1. Jan 11, 2021 Authored by Senator Tomes · upper
2. Jan 11, 2021 First reading: referred to Committee on Judiciary · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Introduced Senate Bill (S) · Jan 11, 2021 · PDF