It is enacted by the General Assembly as follows:

SECTION 1. Sections 15-8-3, 15-8-11, and 15-8-27 of the General Laws in Chapter 15-8 entitled "Uniform Law on Paternity" are hereby amended to read as follows:

{ADD 15-8-3. Presumption of paternity. -- ADD} (a) A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, or divorce; or

(ii) If the attempted marriage is invalid without a court order, the child is born within three hundred (300) days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage could be declared invalid, and:

(i) He has acknowledged his paternity of the child in writing filed with the clerk of the family court; or

(ii) With his consent, he is named as the child's father on the child's birth certificate; or,

(iii) He is obligated to support the child under a written voluntary promise or by court order;

(4) He acknowledges his paternity of the child in a writing filed with the Clerk of the Family Court, who shall promptly inform the mother of the filing of the acknowledgement, and she does not dispute the acknowledgement, within a reasonable time after being informed thereof, in a writing filed with the Clerk of the Family Court. If another man is presumed under this section to be the child's father, acknowledgement may be effected only with the written consent of the presumed father or after the presumption has been rebutted. {ADD The written acknowledgement of paternity shall be admissible as evidence of paternity; or ADD}

{ADD (5) He has submitted to blood testing and the results thereof establish a threshold probability of paternity in accordance with Section 15-8-11(e). ADD}

(b) A presumption under this section may be rebutted in an appropriate action only by a clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on its facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

{ADD 15-8-11. Blood tests. -- ADD} (a) In a proceeding under this chapter before trial, the court, upon application made by or on behalf of any party to the action, or on its own motion, shall order that the mother, child, alleged father, and any other party to the action submit to blood or tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, and other genetic testing, to determine whether the alleged father is likely to be, or is not, the father of the child. {DEL A blood or tissue typing test of a child shall not be taken before the child reaches the age of six (6) months. DEL} If, at the trial in a proceeding under this chapter, it is shown that a party refused to submit to court-ordered blood or tissue typing tests, the refusal shall be considered by the jury, or the court without a jury, along with all other evidence presented on the issue of paternity.

(b) A blood or tissue typing test shall be made by a person the court determines is qualified as an examiner of blood or tissue types.

(c) The court shall fix or approve the compensation of any expert at a reasonable amount, and may direct the compensation to be paid by the state, or by any other party to the case, or by both, in the proportions and at the times the court prescribes, and that, after payment by a party, all or part or none of the payment shall be taxed as costs in the action. Before the making of a blood or tissue typing test, the court may order any part or all of the compensation paid in advance.

(d) The result of a blood or tissue typing test and, if a determination of exclusion of paternity cannot be made, a calculation of the probability of paternity made by a person the court determines is qualified as an examiner of blood or tissue types based on the result of a blood or tissue typing test shall be admissible in evidence in the trial of the case. {ADD A written report of the test results, including a calculation of the probability of paternity or a determination of exclusion of paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert under whose supervision or direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into evidence without the need for foundation testimony or other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, unless an objection challenging the test procedures or results has been filed within ten (10) days before any hearing at which such results may be introduced into evidence and a cash bond posted with registry of the family court in an amount sufficient to cover the costs of the duly qualified expert to appear and testify. ADD}

{ADD (e) If the results of the blood tests duly admitted into evidence establish a ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father of the child, then such threshold probability shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the party to rebut such proof by clear and convincing evidence. ADD}

{ADD 15-8-27. Voluntary acknowledgement -- Family court practice. -- ADD} (a) In any action commenced before the family court the father may acknowledge his paternity of the child with the clerk of the family court. Each acknowledgement must be signed by the person filing it and contain:

(1) The name {ADD , social security number, date of birth ADD} and address of the person filing the acknowledgement;

(2) The name and last-known address of the mother of the child;

(3) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born; and

(4) The name and address of the presumed father, if any.

(b) The judge shall hold an informal hearing on the acknowledgement and shall enter an order establishing the paternity of the child {ADD and an order of support for the child, ADD} provided there are no objections from the natural mother or presumed father {DEL within a reasonable time after being informed of the action by the court in writing filed with the clerk of the family court DEL} {ADD filed with the family court prior to the date of the informal hearing, and provided further that a copy of the acknowledgement and a notice of the informal hearing are duly served upon the mother and any presumed father in accordance with the rules of procedure for domestic relations. ADD}

{ADD (c) The voluntary acknowledgement of paternity shall be recognized by the family court as a basis for establishing a child support order for the child without requiring any further proceedings to establish paternity. ADD}

SECTION 2. Chapter 15-8 of the General Laws entitled "Uniform Law on Paternity" is hereby amended by adding thereto the following section:

{ADD 15-8-18.1. Entry of default and default judgment. -- ADD} {ADD (a) In addition to any other basis for entry of default and default judgment provided in the rules of procedure for domestic relations, the family court shall enter the defendant's default and a judgment by default in a paternity action under this chapter upon the following conditions: ADD}

{ADD (1) Failure to respond to the paternity complaint within twenty (20) days, upon proof presented that the defendant has been duly served said complaint. ADD}

{ADD (2) Failure to appear at a scheduled hearing or trial after being duly notified of said hearing or trial, upon proof presented that the defendant has been duly served with notice of the scheduled hearing or trial. ADD}

{ADD (3) Failure to appear or refusal to attend blood testing upon proof presented that the defendant has been duly notified of the date, time and place of the testing. ADD}

{ADD (b) The court may set aside an entry of default and, if judgment by default has been entered, may likewise set it aside, in accordance with the rules of procedure for domestic relations. ADD}

SECTION 3. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is hereby amended by adding thereto the following section:

{ADD 40-6-21.1. Voluntary acknowledgement of paternity -- Hospital-based program. -- ADD} {ADD (a) The department of human services is authorized and directed to establish, in accordance with the requirements of title 466(a)(5) of the Social Security Act [42 U.S.C. 666 (a)(5)] a hospital-based program for the voluntary acknowledgement of paternity during the period immediately preceding or following the birth of a child. The department of human services shall require all public and private birthing hospitals in this state as defined herein, to participate in the hospital-based paternity acknowledgement program and to provide such services, materials and reports as may be required by federal law and regulations. The program must be operational in hospitals no later than January 1, 1995. The department is authorized to promulgate such rules and regulations necessary to implement the hospital-based program and to enter into cooperative agreements with other state agencies to effectuate the program. ADD}

{ADD (b) The requirement for participation in the program by hospitals is in addition to the birth registration requirements under title 23, chapter 3 of the General Laws, provided however that the department of human services shall work in cooperation with the department of health, registrar of vital records, to avoid duplication of obligations imposed on such hospitals to the extent permitted by federal law and regulations. ADD}

{ADD (c) The term "birthing hospital" means a hospital that has a licensed obstetric care unit or is licensed to provide obstetric services, or a licensed birthing center associated with a hospital. A birthing center is a facility outside a hospital that provides maternity services. ADD}

SECTION 4. This act shall take effect upon passage.