South Carolina General Assembly
115th Session, 2003-2004

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Bill 3069


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-7-958, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A VERIFIED ACKNOWLEDGEMENT OF PATERNITY CREATING A LEGAL FINDING OF PATERNITY, SO AS TO PROVIDE THAT PATERNITY ESTABLISHED PURSUANT TO A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY AND ANY ORDER FOR CHILD SUPPORT RELATED TO THIS PATERNITY MUST BE SET ASIDE IF AN ACTION IS BROUGHT WITHIN THREE YEARS OF THE ESTABLISHMENT OF PATERNITY AND IF GENETIC TESTING DOES NOT RESULT IN A STATISTICAL PROBABILITY OF PATERNITY OF NINETY-FIVE PERCENT OR HIGHER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-7-958 of the 1976 Code, as added by Act 71 of 1997, is amended by adding an appropriately lettered subsection at the end to read:

"( )    Notwithstanding the provisions of this section or any other provision of law, the court shall set aside paternity established pursuant to this section, and any order for child support based upon this paternity, upon the petition of a signatory to the voluntary acknowledgement of paternity, brought within three years of the establishment of paternity, if genetic testing conducted subsequent to the establishment of paternity reveals that there is not a statistical probability of paternity of ninety-five percent or higher."

SECTION    2.    This act takes effect upon approval by the Governor.

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