An Act to allow for an action to establish paternity after age eighteen based on genetic test results.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-8-9 be AMENDED:

25-8-9. Proceedings Except as provided by section 2 of this Act, a proceeding to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.

Section 2. That a NEW SECTION be added to chapter 25-8:

Notwithstanding § 25-8-9, an adult person for whom paternity has not been established may bring a paternity action to establish paternity after the eighteenth birthday of that person only upon evidence of a genetic test establishing a threshold probability of paternity of a discrete individual of ninety-nine percent or more. No support obligation or expenses under § 25-8-7 may be enforced against the father in an action pursuant to this section.

Section 3. That a NEW SECTION be added to chapter 34-25:

Upon receipt of a court order establishing paternity pursuant to section 2 of this Act, the department must enter the name of the father as determined by the court on the certificate of birth of the child.