(a) If the birth parent of any child born to parents unmarried to each other, fails or refuses to disclose the name of the alleged genetic parent of such child under oath to the Commissioner of Social Services, if such child is a recipient of public assistance, or otherwise to a guardian or a guardian ad litem of such child, such birth parent may be cited to appear before any judge of the Superior Court and compelled to disclose the name of the alleged genetic parent under oath and to institute an action to establish the parentage of such child. The criteria adopted by the Commissioner of Social Services pursuant to subsection (c) of section 46b-168a shall apply to establish good cause or other exceptions for refusing to cooperate with the provisions of this subsection.
(b) Any birth parent who, having been cited to appear before a judge of the Superior Court pursuant to subsection (a) of this section, fails to appear or fails to disclose or fails to proceed with a parentage action may be found to be in contempt of court and may be fined not more than two hundred dollars or imprisoned not more than one year, or both.
(1971, P.A. 439, S. 4; P.A. 74-183, S. 110, 291; P.A. 75-406, S. 6, 11; 75-420, S. 4, 6; P.A. 76-436, S. 500, 681; P.A. 77-614, S. 521, 610; P.A. 79-560, S. 18, 39; P.A. 88-364, S. 61, 123; P.A. 93-262, S. 70, 87; P.A. 04-76, S. 38; P.A. 07-217, S. 172; P.A. 21-15, S. 124.)
History: P.A. 74-183 substituted “decree of divorce or dissolution” for “divorce decree” and court of common pleas for circuit court, effective December 31, 1974; P.A. 75-406 added reference to “geographical area” in Subsec. (a); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-560 added reference to commissioner of income maintenance in Subsec. (a); Sec. 52-440b transferred to Sec. 46b-169 in 1979; P.A. 88-364 amended Subsec. (a) by deleting “assigned to a geographical area” after “superior court”; P.A. 93-262 replaced reference to commissioners of human resources and income maintenance with commissioner of social services, effective July 1, 1993; P.A. 04-76 amended Subsec. (a) by deleting provision that required the mother of a child to disclose the name of the putative father of such child “to a selectman of a town in which such child resides, if such child is a recipient of general assistance”; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007; P.A. 21-15 amended Subsec. (a) by replacing “mother” with “birth parent”, replacing provision re children born out of wedlock or found not to be issue of the marriage with “child born to parents unmarried to each other”, replacing “putative father” with “alleged genetic parent” and adding provision re application of criteria adopted by Commissioner of Social Services to establish good cause or exceptions for refusing to cooperate with provisions of this subsection and amended Subsec. (b) by replacing “woman” with “birth parent” and replacing “prosecute a paternity action” with “proceed with a parentage action”, effective January 1, 2022.
Structure Connecticut General Statutes
Chapter 815y - Paternity Matters
Section 46b-161. (Formerly Sec. 52-438a). - Procedure brought prior to birth of child.
Section 46b-162. (Formerly Sec. 52-440a). - Action by state or town.
Section 46b-164. (Formerly Sec. 52-438). - Either party may demand trial by jury of six.
Section 46b-165. (Formerly Sec. 52-435b). - Testimony of parent or alleged parent.
Section 46b-166. (Formerly Sec. 52-435c). - Testimony of putative father.
Section 46b-167. (Formerly Sec. 52-437). - Evidence of putative father's good character admissible.
Section 46b-168. (Formerly Sec. 52-184). - Assessment of costs for genetic tests.
Section 46b-168a. - Genetic tests in IV-D support cases when parentage is at issue.
Section 46b-170. (Formerly Sec. 52-439a). - Withdrawal of petition. Agreement of settlement.
Section 46b-173. (Formerly Sec. 52-442b). - Filing of agreements. Disclosure.
Section 46b-179. - Foreign parentage judgments.
Section 46b-179b. - Enforcement of foreign parentage judgment.
Section 46b-179c. - Notification of filing judgment. Proof of service to be filed with court.
Section 46b-179d. - Enforcement of foreign parentage judgment stayed by other pending actions.