Family Law | Paternity
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The natural parents of a child born out of wedlock shall be severally liable for the support of such child. Family court has the jurisdiction in proceedings to establish paternity. Today, in the age of surrogate parenting, egg donation, and invitro fertilization, the legal mother may not be a parent.
The parent of a child born out of wedlock is chargeable with the support of such child and if possessed of sufficient means or able to earn such means, shall be required to pay child support.
In any proceeding to establish paternity, the family court shall advise the mother and alleged father of the right to be represented by counsel and shall advise the mother and alleged father of their right to blood grouping or other genetic marker or DNA test. The trial hearing shall be by the court without a jury. The court may exclude the general public from the room where the proceedings are heard and may admit only persons directly interested in the case.
The court shall advise the parties of their right to one (1) or more genetic marker tests or DNA tests, and shall order the mother, her child and the alleged father to submit to one (1) or more genetic marker or DNA tests. The cost of any test ordered normally is paid in the first instance by the moving party but the cost can be apportioned between the parties.
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