Haw. Code R. § 5-31-21.2 - Procedures when paternity is at issue

(a) A complaint for paternity initiated by the agency is filed with the court.

(b) Service of the complaint, which includes a court hearing date, is made upon the parties named in the complaint.

(c) Any named party in the complaint may request genetic testing and genetic testing will be ordered by the court. In such instance, the agency will advance the genetic testing cost subject to reimbursement by any party.

(d) The genetic testing report will be filed with the court and sent to the named parties on the complaint.

(e) If genetic testing does not result in exclusion of the alleged father and testing has been conducted in accordance with sections 584-11(a)(2), Hawaii Revised Statutes, the alleged father is presumed to be the father of the subject child pursuant to section 584-4(a)(5), Hawaii Revised Statutes.

(f) A party who has been excluded by genetic testing may have the paternity action dismissed by the court and will not be responsible for the genetic testing cost.

(g) A party has a right to request a non-jury trial on the issue of paternity.

(h) Where paternity has been established pursuant to admission or court order, a judgment of paternity is issued by the court.

(i) Once paternity is established and the parents and the child are residing together, no further action will be taken.

Notes

Haw. Code R. § 5-31-21.2

[Eff and comp MAR 30 2014] (Auth: §§ 576D-2, 576D-3, 576D-4, 576D-6) (Imp: §§ 576D-2, 576D-3, 576D-4, 576D-6, 576E-2, 584-4, 584-11; 45 C.F.R. §§302.70, 303.5)