38-1138. Acknowledgment of paternity forms.
38-1138
38-1138. Acknowledgment of paternity forms.(a) The state registrar of vital statistics, in conjunctionwith the secretary of social and rehabilitation services, shall review and, asneeded, revise acknowledgment of paternity forms for use under K.S.A. 38-1130and 65-2409a, and amendments thereto. Theacknowledgment of paternity formsshall include or have attached a written description pursuant to subsection (b)of the rights and responsibilities of acknowledging paternity.
(b) A written description of the rights and responsibilitiesof acknowledging paternity shall state the following:
(1) An acknowledgment of paternity creates a permanent father and childrelationship which can only be ended by court order. A person who wants torevoke the acknowledgment of paternity must file the request with the courtbefore the child is one year old, unless the person was under age 18 when theacknowledgment of paternity was signed. A person under age 18 when theacknowledgment was signed has until one year after his or her 18th birthday tofilea request, but if the child is more than one year old then, the judge willfirst consider the child's best interests.
The person will have to show that the acknowledgment was based on fraud,duress (threat) or an important mistake of fact, unless the request is filedwithin 60 days of signing the acknowledgment or before any court hearing aboutthe child, whichever is earlier;
(2) both the father and the mother are responsible for the care and supportof the child. If necessary, this duty may be enforced through legal actionsuch as a child support order, an order to pay birth or other medical expensesof the child or an order to repay government assistance payments for thechild's care. A parent's willful failure to support the parent's child is acrime;
(3) both the father and the mother have rights of custody andparenting timewith the child unless a court order changes their rights. Custody,residency and parentingtime may be spelled outin acourt order and enforced;
(4) both the father and the mother have the right to consent to medicaltreatment for the child unless a court order changes those rights;
(5) the child may inherit from the father and the father's family or fromthe mother and the mother's family. The child may receive public benefits,including, but not limited to, social security or private benefits, including,but notlimited to, insurance or workers compensation because of the father-child ormother-child relationship;
(6) the father or the mother may be entitled to claim the child as adependent for tax or other purposes. The father or the mother may inherit fromthe child or the child's descendants; and
(7) each parent has the right to sign or not sign an acknowledgment ofpaternity. Each parent has the right to talk with an attorney before signingan acknowledgment of paternity. Each parent has the right to be representedby an attorney in any legal action involving paternity or their rights orduties as a parent. Usually each person is responsible for hiring the person'sown attorney.
(c) Any duty to disclose rights or responsibilities related to signing anacknowledgment of paternity shall have been met by furnishing the writtendisclosures of subsection (b). Any duty to disclose orally the rights orresponsibilities related to signing an acknowledgment of paternity may be metby means of an audio recording of the disclosures of subsection (b).
(d) An acknowledgment of paternity completed without the writtendisclosures of subsection (b) is not invalid solely for that reason and maycreate a presumption of paternity pursuant to K.S.A. 38-1114 and amendmentsthereto. Nothing in K.S.A. 38-1136 through 38-1138 and amendmentsthereto shall decreasethe validity, force oreffect ofan acknowledgment of paternity executed in this state prior to the effectivedate of this act.
(e) Upon request, the state registrar of vital statistics shall provide acertified copy of the acknowledgment of paternity to an office providing IV-Dprogram services.
History: L. 1994, ch. 292, § 3;L. 1997, ch. 182, § 67;L. 2000, ch. 171, § 12; July 1.