Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Acknowledgment of Paternity. If the action seeks support for a
child born out of wedlock and the alleged father is named as defendant, the
defendant may acknowledge paternity in a verified writing. The conference
officer shall advise the parties that pursuant to Section 5103(d) of Title 23
of the Pennsylvania Consolidated Statutes an acknowledgment constitutes
conclusive evidence of defendant's paternity without further judicial
ratification in any action to establish support. Upon defendant's execution of
the written acknowledgment, the action shall proceed as in other actions for
support.
(b)
Genetic
Testing. If the defendant appears but does not execute an
acknowledgment of paternity at the conference:
(1) The court shall enter an order directing
the parties to appear for genetic testing. The order must advise the defendant
that his failure to appear for the testing will result in entry of an order
finding that he is the father of the child. The order must also advise the
plaintiff that her failure to appear for testing may result in sanctions,
including entry of an order dismissing the paternity action without
prejudice.
(2) The conference
officer shall advise and provide written notice to the parties that they may
enter into a written stipulation whereby both agree to submit to genetic
testing for the purpose of resolving finally the issue of paternity. If the
test results indicate a 99% or higher probability of paternity, the defendant
shall be stipulated to be the biological father of the child and the case
referred for a child support conference. If the test results indicate an
exclusion, the action shall be dismissed. The written stipulation constitutes a
waiver of the right to a hearing on the genetic testing or trial on the issue
of paternity.
(3) The conference
officer shall advise and provide written notice to the parties that if they do
not enter into a written stipulation and the test results do not indicate an
exclusion, there will be a hearing regarding genetic testing or trial before a
judge without a jury on the issue of paternity in accordance with the
procedures set forth in subdivision (d) of this Rule.
(c)
Estoppel and Presumption of
Paternity. If either party or the court raises the issue of estoppel
or the issue of whether the presumption of paternity is applicable, the court
shall dispose promptly of the issue and may stay the order for genetic testing
until the issue is resolved.
(d)
Post-Testing Procedures.
(1)
The results of the genetic tests shall be provided in writing to counsel for
the parties or, if unrepresented, to the parties themselves.
(2) If the results of the genetic tests
resolve the issue of paternity pursuant to the stipulation of the parties, a
paternity order shall be entered and served on the parties. If the defendant is
excluded, the action shall be dismissed. If the defendant is stipulated to be
the biological father, the action shall proceed as in other actions for
support.
(3) If the results of the
genetic tests do not resolve the issue of paternity pursuant to the stipulation
of the parties, but the test results indicate a 99% or more probability of
paternity, the court shall issue a rule against the defendant to show cause why
an order should not be entered finding him to be the father. The rule shall
advise the defendant that pursuant to
23 Pa.C.S. §
4343 his
defense is limited to a showing by clear and convincing evidence that the
results of the genetic tests are not reliable. The rule shall direct that an
answer be filed within 20 days after service of the rule on the defendant. The
answer shall state the material facts which constitute this defense. Any
allegation of fact which does not appear of record must be verified.
If an answer is not timely filed, the court shall enter an
order finding paternity and refer the action to conference and hearing as in
other actions for support. If an answer is filed raising a disputed issue of
material fact relating to the reliability of the genetic testing, the case
shall be listed promptly for expedited hearing before a judge. The burden of
proof at the hearing is on the defendant and is limited to proof by clear and
convincing evidence that the results of the genetic tests are not
reliable.
(4) If the results
of the genetic tests do not resolve the issue of paternity and the test results
indicate less than a 99% probability of paternity, the case shall be promptly
listed for expedited trial before a judge.
(5) If, after a hearing or trial, the
decision is for the defendant on the issue of paternity, a final order shall be
entered by the court dismissing the action as to the child. If the decision is
against the defendant on the issue of paternity, an interlocutory order shall
be entered by the court finding paternity. The court may enter an interim order
for child support at that time and shall refer the action to conference and
hearing as in other actions for support.
(e)
Failure to Appear. If
defendant fails to appear as ordered for a conference, hearing or trial, or for
genetic tests, the court shall, upon proof of service on the defendant, enter
an order establishing paternity. The court may also enter an interim order for
child support at that time and shall refer the action to conference and hearing
as in other actions for support.
(f)
Appeal of Paternity
Order. An order establishing paternity is not an appealable order. The
issue of paternity may be included in an appeal from the final order of child
support.
