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THE SENATE |
S.B. NO. |
516 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PATERNITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 584-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A child, or guardian ad litem of the
child, the child's natural mother, whether married or unmarried at the time the
child was conceived, or her personal representative or parent if the mother has
died; or a man alleged or alleging himself to be the natural father, or his
personal representative or parent if the father has died; or a presumed father
as defined in section 584-4, or his personal representative or parent if the
presumed father has died; or the child support enforcement agency, may bring an
action for the purpose of declaring the existence or nonexistence of the father
and child relationship [within] in accordance with the following
[time periods]:
(1) If the child is the subject of an adoption proceeding, action may be brought:
(A) Within thirty days after the date of the child's birth in any case when the mother relinquishes the child for adoption during the thirty-day period; or
(B) Any time prior to the date of execution by
the mother of a valid consent to the child's adoption, or prior to placement of
the child with adoptive parents[, but in no event later than three years
after the child reaches the age of majority; or];
(2) If the child has not become the subject of an
adoption proceeding, within three years after the child reaches the age of
majority[;] or any time after that for good cause; provided that
any period of time during which the man alleged or alleging himself to be the
natural father of the child is absent from the State or is openly cohabitating
with the mother of the child or is contributing to the support of the child,
shall not be computed[.];
(3) [Section 584-6] This section shall
not extend the time within which a right of inheritance or a right to a succession
may be asserted beyond the time provided by law relating to distribution and
closing of decedents' estates or to the determination of heirship, or otherwise[.];
and
(4) A personal representative in this section [584-6]
may be appointed by the court upon a filing of an ex parte motion by one of the
parties entitled to file a paternity action. Probate requirements need not be
met. However, appointment of the personal representative in this section is
limited to representation in chapter 584 proceedings."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Paternity; Removal of Time Bar to Actions
Description:
Removes time bar on paternity actions for good cause shown. Effective on 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.