65928 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

2The Postal Service explains that the term 

‘‘standalone’’ means the cost avoidance estimate is 

not used to develop Cost and Revenue Analysis 

(CRA) adjustment factors and does not affect the 

magnitude of the CRA proportional adjustment 

factor and that factor is not applied to the cost 

avoidance estimate. Id. at 3. 

3 Id.; see Docket No. R2006–1, Opinion and 

Recommended Decision Volume 1, March 14, 2007, 

at ¶¶ 5159–5161. 

FY22–10.MM.PROP.Six’’ attached to the 

Petition. Id. 

Rationale and impact. As it relates to 

the modification to tray sorting data, the 

Postal Service explains that the data 

cannot be estimated in the current 

version of the cost model; therefore, 

additional cost input data have been 

incorporated into the mail processing 

cost model to estimate these costs. Id. at 

2–3. 

As it relates to the modification to 

standalone cost avoidance estimates,2

the Postal Service notes that cost model 

input data, including the new data 

described above, are used to estimate 

avoided tray sorting costs and that 

estimate is included in the mail 

processing cost model because SCF 

palletization is a form of presorting. Id. 

at 3. The Postal Service explains that 

‘‘[t]his methodology is used because 

detailed letter tray sorting data are not 

readily available in postal data 

collection systems,’’ preventing tray 

sorting costs from being incorporated 

into the mail flow models and cost 

worksheets for all the letter price 

categories. Id. at 3–4. The Postal Service 

also presents an alternative to the 

methodology described above, by 

providing an estimation of the per-piece 

costs incurred in one outgoing tray 

sorting operation. Id. at 4. 

As it relates to the modification for 

tray sorting cost pools, the Postal 

Service seeks to reclassify the ‘‘MODS 

1TRAYSRT’’ cost pool and the ‘‘NDC 

TRAYSORT’’ cost pool as ‘‘worksharingrelated fixed.’’ Id. at 4–5. Although the 

Commission previously classified these 

cost pools as ‘‘proportional,’’ the Postal 

Service explains that the cost pools 

should be ‘‘worksharing-related fixed 

because SCF palletization results in 

some tray sorting costs being avoided’’ 

and the modification would prevent tray 

sorting costs from effecting both the 

containerization and presort costs 

estimates.3

Finally, as it relates to the 

modification to destination entry cost 

model tray costs, the Postal Service 

explains that, because a standalone tray 

sorting cost avoidance estimate will 

now be included in the letters mail 

processing cost model, letter tray sorting 

costs should be removed from the USPS 

Marketing Mail destination entry cost 

model. Petition, Proposal Six at 6. The 

Postal Service notes that it would 

prevent tray sorting costs from affecting 

both the presort and destination entry 

cost avoidance estimates. Id. 

The impacts of these modifications 

are presented in Tables 1 through 3 of 

Proposal Six as well as Excel file 

‘‘IMPACT.PROP.SIX.xlsx.’’ See id. at 6– 

9. 

III. Notice and Comment 

The Commission establishes Docket 

No. RM2023–11 for consideration of 

matters raised by the Petition. More 

information on the Petition may be 

accessed via the Commission’s website 

at http://www.prc.gov. Interested 

persons may submit comments on the 

Petition and Proposal Six no later than 

October 20, 2023. Pursuant to 39 U.S.C. 

505, Katalin K. Clendenin is designated 

as an officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

proceeding. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. RM2023–11 for consideration of the 

matters raised by the Petition of the 

United States Postal Service for the 

Initiation of a Proceeding to Consider 

Proposed Changes in Analytical 

Principles (Proposal Six), filed 

September 15, 2023. 

2. Comments by interested persons in 

this proceeding are due no later than 

October 20, 2023. 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints Katalin K. 

Clendenin to serve as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this docket. 

4. The Secretary shall arrange for 

publication of this Order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–20630 Filed 9–25–23; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 301, 302, 303, 304, 305, 

307, 308, 309, and 310 

RIN 0970–AC96 

Parentage Establishment in the Child 

Support Services Program 

AGENCY: Office of Child Support 

Services (OCSS), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services (HHS or the Department). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Office of Child Support 

Services (OCSS) proposes to replace the 

gender-specific term ‘‘paternity’’ with 

the gender-neutral term ‘‘parentage’’ 

throughout the Child Support Services 

Program to be inclusive of all family 

structures served by the child support 

services program. While title IV–D 

(Child Support and Establishment of 

Paternity) requires States and Tribes to 

have laws permitting the establishment 

of paternity and requiring genetic 

testing in contested paternity cases, 

OCSS also recognizes that title IV–D 

does not preclude States and Tribes 

from having parentage establishment 

laws and procedures for all families. 

The proposed changes to chapter III of 

the child support regulations recognize 

developments in State laws regarding 

parentage establishment and provide 

States and Tribes optional flexibility to 

establish parentage for all children in 

accordance with their laws, regardless 

of the gender of their parents or family 

structure. 

DATES: Consideration will be given to 

written comments on this Notice of 

Proposed Rulemaking (NPRM) received 

on or before November 27, 2023. 

ADDRESSES: You may submit comments, 

identified by [docket number (ACF– 

2023–0006) and/or Regulatory 

Information Number (RIN) 0970–AC96], 

by one of the following methods: 

• Federal e-Rulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Written comments may be 

submitted to: Office of Child Support 

Services, Attention: Director of Policy 

and Training, 330 C Street SW, 

Washington, DC 20201. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. All substantive comments 

received will be posted without change 


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to https://www.regulations.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Darryl Watts, Division of Policy and 

Training, OCSS, telephone (202) 969– 

3621. Email inquiries to ocss.dpt@

acf.hhs.gov. Telecommunications Relay 

users may dial 711 first. 

SUPPLEMENTARY INFORMATION: 

Submission of Comments 

Comments should be specific, address 

issues raised by the proposed rule, and 

explain reasons for any objections or 

recommended changes. Additionally, 

we will be interested in comments that 

indicate agreement with the proposals. 

We will not acknowledge receipt of the 

comments we receive. However, we will 

review and consider all comments that 

are relevant and are received during the 

comment period. We will respond to 

these comments in the preamble to the 

final rule. 

Proposal 

OCSS proposes to replace the genderspecific term ‘‘paternity’’ with the 

gender-neutral term ‘‘parentage’’ 

throughout 45 CFR chapter III to be 

inclusive of all family structures served 

by the child support services program. 

OCSS further proposes to define 

‘‘parentage’’ to mean the establishment 

of the legal parent-child relationship in 

accordance with the laws of the State or 

Tribe. These proposed changes to 

chapter III of the child support 

regulations recognize developments in 

State laws regarding parentage 

establishment. The proposed 

rulemaking explains that consistent 

with title IV–D, States and Tribes have 

the option to expand their parentage 

establishment laws and procedures to 

include establishment of parentage for 

children of same-sex parents when 

establishment of paternity does not 

apply and that such services are eligible 

for title IV–D matching funds. The 

proposed rule also allows States to 

include same-sex parentage 

establishments in program performance 

reports. This proposed rulemaking does 

not change program requirements 

related to paternity establishment in 

cases involving different-sex parents. 

While title IV–D requires States and 

Tribes to have laws permitting the 

establishment of paternity and requiring 

genetic testing in contested paternity 

cases, OCSS also recognizes that 

establishment of the parent-child 

relationship is a matter of State and 

Tribal laws, and that title IV–D does not 

preclude States and Tribes from having 

parentage establishment laws and 

procedures for same-sex parent families. 

The proposed rule provides State and 

Tribal child support services programs 

needed flexibility to ensure that all 

children in their caseloads can receive 

services to enforce the support 

obligation of the parent who, under 

State or Tribal laws, has a duty to 

provide support, regardless of the 

parent’s gender or sexual orientation. 

The proposed regulation is consistent 

with the purpose of section 451 of the 

Social Security Act, which authorizes 

funding to States and Tribes to ensure 

that ‘‘assistance in obtaining support 

will be available under this part [Title 

IV–D of the Social Security Act] to all 

children . . . for whom such assistance 

is requested.’’ (Emphasis added). 

This proposed regulation aligns with 

President Biden’s Executive orders on 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government, Executive 

Order 13985, 86 FR 7009 (January 20, 

2021); Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation, 

Executive Order 13988, 86 FR 7023 

(January 20, 2021); Advancing Equality 

for Lesbian, Gay, Bisexual, Transgender, 

Queer, and Intersex Individuals, 

Executive Order 14075, 87 FR 37189 

(June 15, 2022); and Further Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government, Executive Order 

14091, 88 FR 10825 (February 16, 2023). 

These Executive orders address how the 

Federal Government should pursue a 

comprehensive approach to advancing 

equity for all, including members of the 

LGBTQI+ communities. This regulation 

is also consistent with the recently 

enacted ‘‘Respect for Marriage Act,’’ 

Public Law 117–228 (December 13, 

2022), which requires recognition of any 

marriage between two individuals that 

is valid where created ‘‘for the purposes 

of any federal law, rule, or regulation in 

which marital status is a factor’’ and 

requires States to provide full faith and 

credit to marriages entered into in 

another State. Like the Respect for 

Marriage Act, this proposed rule 

recognizes the existence of and legal 

needs of diverse family structures. 

Public Consultations With Tribes 

To obtain the broadest public 

participation possible on the proposed 

rule, OCSS plans to conduct a public 

consultation with tribes during the 

comment period. The importance of 

consultation with Indian Tribes was 

affirmed through Presidential 

Memoranda in 1994, 2004, 2009, and 

2022. This NPRM does not impose any 

burden or cost on Tribes, nor does it 

impact the relationship or distribution 

of power between the Federal 

Government and Tribes. This NPRM 

would permit, but not require, Tribes to 

establish same-sex parentage and 

recognize parentage established by other 

States and Tribes. In accordance with 

the Memorandum on Uniform 

Standards for Tribal Consultation 

(November 30, 2022), ‘‘agencies may 

still engage in Tribal Consultation even 

if they determine that a policy will not 

have Tribal implications and should 

consider doing so if they determine that 

a policy is of interest to a Tribe or 

Tribes.’’ 

We plan to publish a separate public 

notice in the Federal Register with the 

specific location, date, and time of the 

consultation, and to disseminate public 

notices to all comprehensive and startup Tribal child support services 

programs. Further information regarding 

this consultation, including last-minute 

changes, will be available on the OCSS 

website at https://www.acf.hhs.gov/css/ 

child-support-professionals/tribalagencies. 

At the consultation, Federal officials 

will explain and answer questions to 

clarify the proposed rule. Persons who 

attend may make oral presentations 

and/or provide written comments for 

the record. They also may submit 

written comments to OCSS as explained 

earlier in this preamble. 

We encourage persons who make oral 

presentations at the consultation to also 

submit written comments in support of 

their presentations. We encourage any 

person who wishes to make an oral 

presentation on the proposed rule at any 

of the consultation to preregister before 

or at the consultation. We will provide 

specific information on preregistration 

in the separate notice published on the 

consultation. At the time of 

preregistration, we will record 

identifying information about 

prospective presenters, such as name, 

organization (if any), address, email 

address, and telephone number, so that 

presenters can be accurately identified 

and properly introduced at the 

consultation. Persons who preregistered 

will make their presentations first; then, 

as time allows, persons who did not 

preregister will make their 

presentations. Presentations must be 

about the proposed rule, should be 

specific, and should include specific 

recommendations for changes where 

appropriate. In fairness to other 

participants, presentations should be 

concise and will be limited to a 

maximum of 10 minutes each. To clarify 

presentations, we may ask questions. 

Presentations will be recorded and 

included in the public record of 


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65930 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

1 In Windsor, the Supreme Court struck section 3 

of the Defense of Marriage Act (DOMA) under the 

Due Process Clause of the Fifth Amendment, 

holding that the Federal Government cannot define 

the terms ‘‘marriage’’ and ‘‘spouse’’ in a way that 

excludes married same-sex couples from the 

benefits and protections that married different-sex 

couples receive. 

2Obergefell v. Hodges, 576 U.S. 644, 670 (2015). 

3 Id. 

comments on the proposed rule unless 

a commenter does not want his or her 

comments to be on the record. 

At the consultation, we cannot 

address participants’ concerns or 

respond to questions about the proposed 

rule other than questions asking for 

clarification. Instead, we will consider 

comments and recommendations 

provided at the consultation, and 

written comments and 

recommendations submitted as 

described earlier in this preamble, as we 

draft the final rule. All comments made 

during consultation will be recorded or 

summarized and placed in the 

rulemaking docket. 

Statutory Authority 

This NPRM is published under the 

authority granted to the Secretary of 

Health and Human Services by section 

1102, 452(a)(1), and 454(13) of the 

Social Security Act (the Act) (42 U.S.C. 

1302, 652(a)(1), and 654(13), 

respectively). Section 1102 of the Act 

authorizes the Secretary to publish 

regulations not inconsistent with the 

Act as may be necessary for the efficient 

administration of the functions with 

which the Secretary is responsible 

under the Act. Section 452(a)(1) of the 

Act authorizes the Secretary to 

‘‘establish such standards for State 

programs for locating noncustodial 

parents, establishing paternity, and 

obtaining child support and support for 

the spouse (or former spouse) with 

whom the noncustodial parent’s child is 

living as he determines to be necessary 

to assure that such programs will be 

effective.’’ In addition, section 454(13) 

of title IV–D provides the Secretary with 

broad authority to require states to 

‘‘comply with such other requirements 

and standards as the Secretary 

determines to be necessary to the 

establishment of an effective program 

for locating noncustodial parents, 

establishing paternity, obtaining support 

orders, and collecting support payments 

and provide that information requests 

by parents who are residents of other 

States be treated with the same priority 

as requests by parents who are residents 

of the State submitting the plan.’’ The 

regulation is also consistent with 

section 451 of the Act, which authorizes 

funding under title IV–D for the purpose 

of ‘‘assuring that assistance in obtaining 

support will be available under this part 

[Title IV–D] to all children (whether or 

not eligible for assistance under a State 

program funded under part A [TANF]) 

for whom such assistance is requested.’’ 

(Emphasis added). 

Background 

The millions of families served by the 

child support services program are 

becoming increasingly diverse. In 

recognition of varied family structures, 

States have changed parentage 

establishment laws to address the 

financial and emotional needs of 

children and families. Federal laws 

related to marriage, impacting legal and 

financial parental responsibilities to 

children born of the marriage, have also 

changed. This NPRM recognizes these 

developments in State and Federal law 

by providing States and Tribes the 

option to provide full child support 

services to all children, regardless of 

family structure, consistent with the 

laws and procedures of their State or 

Tribe. These proposed changes are 

authorized by sections 1102, 452(a)(1), 

and 454(13) of the Act, which provide 

the Secretary authority to establish 

requirements and standards necessary 

for the effective operation of the child 

support services program, and section 

451 of the Act, authorizing title IV–D 

funds for the purpose of ensuring all 

children receive assistance in obtaining 

financial support from their parents. 

Replacing the term ‘‘paternity’’ with the 

broader gender-neutral term 

‘‘parentage’’ allows States and Tribes 

the option to provide essential child 

support services to all families 

recognized under their laws. We also 

propose to define ‘‘parentage’’ to mean 

the establishment of the legal parentchild relationship in accordance with 

the laws of the State or Tribe. The 

proposed changes clarify that title IV–D 

funded services are available to all 

families and that States and Tribes have 

the option to provide parentage 

establishment services to all families 

without risking title IV–D plan 

compliance and include such 

establishments in their title IV–D 

performance reports. The proposed rule 

does not require States or Tribes to 

implement any changes to their laws or 

procedures for establishing parentage. 

Changes in Federal Law 

In an effort to alleviate childhood 

poverty, title IV–D was enacted in 1975 

to focus on nonsupport by fathers, thus 

requiring states to establish paternity, 

when appropriate, for all children born 

to unmarried parents who either 

received public assistance benefits or 

applied for title IV–D services. Since 

title IV–D includes only ‘‘paternity’’ 

establishment requirements, some States 

have been concerned that funding under 

Title IV–D cannot be used to provide 

child support services assistance to 

same-sex parents and their children, 

which would effectively deny 

government services intended to ensure 

that children receive financial support 

from their parents, regardless of gender 

or sexual orientation, or existence of a 

biological connection to their child. In 

the last several years, however, Federal 

and State laws have changed in 

recognition of the growing diversity of 

the American family-scape, to ensure 

that laws are applied equitably and 

provide for the legal needs of families, 

regardless of their structure. 

In 2015, following the United States 

Supreme Court landmark civil rights 

decision in United States v. Windsor, 

570 U.S. 744 (2013),1 the Court held in 

Obergefell v. Hodges, 576 U.S. 644, that 

same-sex couples have a fundamental 

right to marry, and that State law cannot 

prohibit couples from exercising that 

right. The Court recognized that 

marriage is part of a spectrum of 

personal choices concerning family 

relationships, procreation, and 

childrearing protected by the 

Constitution and that same-sex 

couples—like different-sex couples— 

have the right to marry, establish a 

home, and bring up children, and to 

have access to the ‘‘rights, benefits, and 

responsibilities’’ of marital status, 

including identification in ‘‘birth and 

death certificates.’’ 2 The Supreme Court 

found that the due process and equal 

protection clauses of the Fourteenth 

Amendment guaranteed same-sex 

couples a right to enjoy the same access 

to legal marriage, and its ‘‘constellation 

of benefits’’ that different-sex couples 

traditionally enjoy.3

In 2017, the Supreme Court applied 

Obergefell to conclude that one of those 

benefits was a presumption of parentage 

based on marriage. In Pavan v. Smith, 

582 U.S. 563 (2017), the Supreme Court 

held that a State may not, consistent 

with Constitutional due process and 

equal protection rights recognized in 

Obergefell, deny married same-sex 

couples’ inclusion on their children’s 

birth certificates that the State grants to 

married different-sex couples. The 

changes made by the proposed rule are 

consistent with the fundamental rights 

analysis in Windsor, Obergefell and 

Pavan. Those changes describe how title 

IV–D programs should operate in light 

of the developments in State laws 


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4PIQ–22–02, Same-Sex Parents and Child 

Support Program Requirements (March 29, 2022) is 

available at: https://www.acf.hhs.gov/css/policyguidance/same-sex-parents-and-child-supportprogram-requirements. 

5The ULC develops model laws. States may 

adopt the laws through their legislative process. On 

occasion, Federal law requires states to adopt a 

model law as a condition of receiving Federal 

funding, e.g., the Uniform Interstate Family Support 

Act, but the UPA is not one of those laws. States 

may adopt the UPA at their discretion. 

6See Prefatory Note to the 1973 UPA, available 

at: https://www.uniformlaws.org/viewdocument/ 

final-act-with-comments117?CommunityKey=10720858-ebe1-4e85-a275- 

40210e3f3f87&tab=librarydocuments. 

7 Fifteen Percent of Same-Sex Couples Have 

Children in Their Household, U.S. Census Bureau 

(January 17, 2020), available at: https://

www.census.gov/library/stories/2020/09/fifteenpercent-of-same-sex-couples-have-children-in-theirhousehold.html. 

8 Id. 

9Conover v. Conover, 141 A.3d 31, 47–48 (Md. 

2016). 

10See UPA (2017), available at: https://

www.uniformlaws.org/committees/communityhome?CommunityKey=c4f37d2d-4d20-4be0-8256- 

Continued 

prompted by those decisions and 

broader societal shifts. This NPRM does 

not address the constitutionality of 

those State laws on establishment and 

recognition of parentage but seeks to 

implement title IV–D, pursuant to 

HHS’s authority under the statute. 

In 2022, in response to inquiries from 

States, OCSS issued Policy 

Interpretation Question 22–02 (PIQ–22– 

02) 4 clarifying that States may, 

consistent with title IV–D plan 

requirements, establish same-sex 

parentage to ensure that the State can 

establish child support orders against 

the parent who, under State law, owes 

a duty of support. PIQ–22–02 also 

clarified that Federal financial 

participation (FFP) under title IV–D is 

allowable for such establishments. As 

stated in PIQ–22–02, ‘‘[t]he Act does not 

preclude States from adopting 

additional laws on parentage, surrogacy, 

and assisted reproduction that define 

and afford parental rights to same-sex 

parent families.’’ PIQ–22–02 further 

explained that: 

OCSE recognizes that all children are 

entitled to child support regardless of the 

gender or sexual orientation of their parents, 

and that the main purpose of the program is 

to ensure that assistance in obtaining support 

is available to all children for whom such 

assistance is requested. We also recognize 

that establishment of the parent-child 

relationship is a matter of state law and state 

child support programs need flexibility to 

provide core child support services, which 

include establishing support orders against 

the parent who, under state law, has a duty 

to provide support. Therefore, parentage 

establishment services provided to same-sex 

parent families, though not required under 

title IV–D, are permissible and eligible for 

FFP under 45 CFR 304.20(a)(1), which 

authorizes FFP for reasonable and necessary 

expenses related to the core title IV–D 

program functions of establishing and 

enforcing support orders. (Citation omitted). 

By defining ‘‘parentage’’ to mean the 

establishment of the legal parent-child 

relationship in accordance with the 

laws of the State or Tribe and replacing 

the term ‘‘paternity’’ where it appears in 

the child support regulations in 45 CFR 

chapter III with the term ‘‘parentage,’’ 

the proposed rule provides States and 

Tribes further assurance that their samesex parentage establishment laws, 

though not required under title IV–D, 

are permissible and consistent with title 

IV–D child support enforcement 

requirements, and that title IV–D funds 

are available to provide child support 

services. 

In December 2022, Congress enacted 

the Respect for Marriage Act (RMA), 

Public Law 117–228 (Dec. 13, 2022), 

requiring the recognition of marriage 

between two individuals that is valid 

where created ‘‘for the purposes of any 

Federal law, rule, or regulation in which 

marital status is a factor.’’ Congress 

recognized that ‘‘millions of people, 

including interracial and same-sex 

couples, have entered into marriages 

and have enjoyed the rights and 

privileges associated with marriage. 

Couples joining in marriage deserve to 

have the dignity, stability, and ongoing 

protection that marriage affords to 

families and children.’’ While the RMA 

does not address parental rights of 

same-sex parent families, other rights 

such as parental rights and 

responsibilities flow from marriage 

under state family law principles. These 

recent developments in Federal law 

support the need to clarify parentage 

establishment options under title IV–D. 

Changes in State Law 

The Uniform Parentage Act (UPA), 

first promulgated by the Uniform Law 

Commission 5 (ULC) in 1973, provides 

States with a uniform framework for 

establishing parent-child relationships. 

The 1973 UPA provided and established 

a network of presumptions used to 

determine a child’s legal parentage and 

removed the legal status of illegitimacy 

for children born to unmarried parents. 

At the time, the ULC observed that 

States needed new legislation on 

parentage establishment because ‘‘the 

bulk of current law on the subject of 

children born out of wedlock is either 

unconstitutional or subject to grave 

constitutional doubt.’’ 6 Notably, the 

UPA has used the term ‘‘parentage’’ 

since 1973. In response to dramatically 

changing genetic and reproductive 

technology, the ULC revised the UPA in 

2002 to address acknowledgment of 

paternity procedures, genetic testing, 

and surrogacy. Following the Supreme 

Court decisions in Obergefell and 

Pavan, the ULC revised the UPA again 

in 2017 to ensure the equal treatment of 

children born to same-sex couples. 

Recognizing that the child support 

services program is an important voice 

on changes to the UPA, the ULC invited 

OCSS and the National Child Support 

Engagement Association (NCSEA) to 

participate as official observers in the 

drafting process. The UPA (2017) 

contains gender-neutral language and 

provides for parentage establishment 

processes based on the marital 

presumption and voluntary 

acknowledgment of parentage for 

unmarried same-sex parents. 

Additionally, it includes provisions for 

the establishment of parentage for 

individuals who do not have a 

biological relationship to the child, 

specifically the intended parents of 

surrogacy agreements and unwed de 

facto parents, as well as for children 

born through assisted reproductive 

technology whose parent do not have a 

biological relationship to their child. 

OCSS determined that these changes to 

the UPA are not inconsistent with title 

IV–D of the Social Security Act 

requirements. The proposed changes to 

chapter III will allow states that have 

adopted the 2017 UPA to establish 

support orders against the individual 

who, under State and Tribal laws, owes 

a duty of support, without risking 

noncompliance with title IV–D 

requirements. 

According to the Census Bureau, 

approximately 15 percent (14.7 percent) 

of the 1.1 million same-sex couples in 

the United States in 2019 had at least 

one child under 18 in their household.7

Overall, about 292,000 children had 

parents living with a same-sex partner 

or spouse.8 To meet the needs of 

children with diverse family structures 

in their States, many States have laws, 

either through State legislation or case 

law, that recognize parental rights for 

intended, but not genetically related, de 

facto parents—including nonmarital 

families, families headed by same-sex 

couples, and families formed through 

assisted reproduction.9 In addition, a 

growing number of States have updated 

their laws regarding parentage 

establishment to be able to address the 

legal, emotional, and financial needs of 

children in diverse family structures 

where establishment of paternity would 

not be appropriate. As of June 2023, 

seven States have adopted the 2017 

UPA,10 and five States have introduced 


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22dd73af068f. The seven states that have enacted 

the 2017 UPA are California, Colorado, Connecticut, 

Maine, Rhode Island, Vermont, and Washington. 

The 2017 changes to the UPA also address 

parentage establishment for parents without a 

biological relationship to the child, i.e., surrogacy, 

assisted reproduction. The changes to the regulatory 

language will also allow such parents to participate 

in the program without the state risking 

noncompliance with title IV–D requirements. 

11Hawaii, Kansas, Nevada, Pennsylvania, and 

Massachusetts have introduced legislation to adopt 

the 2017 UPA. 

12The 12 states are Maine, California, 

Connecticut, Massachusetts, Vermont, Washington, 

Maryland, New York, Rhode Island, Nevada, 

Colorado, and Delaware. 

13See section 466(f) of the Act, 42 U.S.C. 666(f)), 

providing that ‘‘In order to satisfy section 

454(20)(A), each State must have in effect the 

Uniform Interstate Family Support Act, as approved 

by the American Bar Association on February 9, 

1993, including any amendments officially adopted 

as of September 30, 2008 by the National 

Conference of Commissioners on Uniform State 

Laws.’’ 

14Quick Facts: Same Sex Parents, NCSEA, May 

2020, available at: https://www.ncsea.org/wpcontent/uploads/2020/07/Quick-Facts-Same-SexParents-2020.pdf. 

15Final Rule: Child Support Enforcement 

Program: Paternity Establishment and Revision of 

Child Support Enforcement Program and Audit 

Regulations 59 FR 66204, 66208 (December 23, 

1994). 

16 Id. at 66228. 

legislation to adopt the 2017 UPA.11 At 

least 12 States and the District of 

Columbia have enacted laws and 

adopted forms and procedures allowing 

same-sex parents to use the voluntary 

acknowledgment process to establish 

parentage.12 We also note that the 

Uniform Interstate Family Support Act 

(UIFSA 2008), which all States are 

required to adopt under title IV–D,13

uses the term ‘‘parentage’’ instead of 

paternity for requirements governing 

interstate child support cases. We 

further note that title IV–D does not 

preclude States from adopting laws on 

parentage, surrogacy, and assisted 

reproduction that define and afford 

parental rights to diverse families, 

including same-sex parents and parents 

who do not have a biological 

relationship to the child. Title IV–D also 

does not prohibit States and Tribes from 

providing full faith and credit to samesex parentage establishments made by 

any other State or tribe according to its 

laws and procedures. 

OCSS and stakeholders within the 

child support community, including the 

NCSEA, believe strongly that all 

children should be served equitably by 

the Federal-State child support 

program.14 Child support services 

programs play a critical role in 

addressing the changing needs of 

families by providing family-centered 

services that best support the financial 

and emotional needs of all children. The 

ability to provide all children with 

services to obtain needed financial 

support is at the heart of the title IV–D 

program. The proposed regulation 

implements section 451 of the Act, 

which authorizes funding under to title 

IV–D for the purpose of ‘‘assuring that 

assistance in obtaining support will be 

available under [part IV–D] to all 

children (whether or not eligible for 

assistance under a State program funded 

under part A [TANF]) for whom such 

assistance is requested.’’ (Emphasis 

added). Since establishment of a parentchild relationship is a preliminary step 

to establishing a support obligation, and 

numerous States have adopted laws and 

procedures to be able to serve the needs 

of the children in their caseload, 

regardless of the gender and sexual 

orientation of their parents or whether 

they are genetically related to their 

parent, it is necessary that the language 

of the child support services program 

regulations reflect such changes. The 

proposed changes assure that children 

can receive assistance in obtaining 

financial support from the parent who, 

under State or Tribal laws, has a duty 

to provide support. This proposed 

rulemaking recognizes the changes in 

Federal and State laws concerning the 

rights of individuals in LGBTQI+ 

communities, in particular, State laws 

expanding the establishment of the 

parent-child relationship and provides 

State and Tribal child support services 

programs needed flexibility to serve all 

the families in their caseloads. 

Genetic Testing Requirements in 

Contested Paternity Cases 

As we stated in PIQ 22–02, sections 

454 and 466 of the Act require States to 

have laws permitting the establishment 

of paternity in cases involving differentsex parents. These laws also require 

states to have procedures requiring that 

the child and parties submit to genetic 

testing, upon request, in any contested 

paternity case unless otherwise barred 

by law. Section 454(20) of the Act 

requires States, to the extent required by 

section 466 of the Act, have laws in 

effect and implement laws to improve 

child support services program 

effectiveness. Section 466(a)(5)(B) of the 

Act requires that States have procedures 

for genetic testing in contested 

‘‘paternity’’ cases upon request by a 

party ‘‘alleging paternity, and setting 

forth facts establishing a reasonable 

possibility of the requisite sexual 

contact between the parties.’’ This 

provision also states that genetic testing 

may not be required if ‘‘otherwise 

barred by State law’’ and recognizes that 

‘‘good cause and other exceptions for 

refusing to cooperate’’ with genetic 

testing may exist. Section 466(a)(5)(B), 

therefore, generally will not impact 

parentage laws for cases involving samesex parent families. 

Similarly, section 466(a)(5)(G) of the 

Act requires that States have 

‘‘[p]rocedures which create a rebuttable 

or, at the option of the State, conclusive 

presumption of paternity upon genetic 

testing results indicating a threshold 

probability that the alleged father is the 

father of the child.’’ Congress added this 

provision to the Act in 1993, when 

genetic testing was emerging as 

scientifically reliable evidence to 

establish whether a man was 

biologically related to a child. As OCSS 

explained in its final rule issued in 

1994, the presumption based on genetic 

test results was intended to ‘‘expedite 

paternity resolution’’ 15 by requiring that 

‘‘a presumption of paternity be based 

upon genetic test results indicating a 

threshold probability of the alleged 

father being the father of the child.’’ 16

The proposed regulation would not 

modify these requirements. States must 

still comply with title IV–D 

requirements for establishment of 

paternity and genetic testing in 

contested paternity cases ‘‘as 

appropriate.’’ See section 454(4)(A) of 

the Act and 45 CFR 303.5. To ensure 

that these title IV–D requirements 

continue to apply, in nine places in 

chapter III, we incorporate by crossreference the requirements of section 

466(a)(5)(B) of the Act regarding genetic 

testing in contested paternity cases. 

These provisions are 45 CFR 

302.70(a)(5)(ii), (v) and (vi), 303.5(c), 

(d)(1), (e)(1) and (3), 303.11(b)(6)(ii), and 

304.12(4)(iv). Since title IV–D’s 

paternity establishment provisions do 

not address contested parentage cases 

between same-sex parents, States and 

Tribes have flexibility to resolve such 

cases in accordance with State or Tribal 

laws and procedures. 

Full Faith and Credit of Parentage 

Establishment 

Section 451 of title IV–D provides 

funding to States and Tribes to assure 

all children receive assistance in 

obtaining financial support from their 

parents. This provision does not limit 

Federal funding of child support 

services to children born to different-sex 

parents. Section 452(a)(1) of the Act 

provides authority to establish 

standards ‘‘to assure that [State child 

support] programs will be effective’’ in 

obtaining child support orders. Section 

454(13) of the Act provides authority to 

establish such other requirements in the 

title IV–D program necessary for the 

program to be effective ‘‘in locating 

noncustodial parents, establishing 


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17See also Finstuen v. Crutcher, 496 F.3d 1139, 

1156 (10th Cir. 2007). 

18See OCSS DCL–95–40, Determining Paternity 

for Children Born Out of Wedlock, available at 

https://www.acf.hhs.gov/css/policy-guidance/ 

determining-paternity-children-born-out-wedlock. 

19Pavan v. Smith, 582 U.S. 563, 564, quoting 

Obergefell, 576 U.S. at 646–647; see also 

McLaughlin v. Jones, 401 P.3d 492 (Ariz. 2017) 

(relying on Obergefell and Pavan in holding that the 

state’s refusal to apply the marital presumption 

equally to same-sex spouses would violate the due 

process and equal protection clauses of the U.S. 

Constitution). The holdings in Obergefell and Pavan 

have also been extended by the U.S. District Court 

of Utah to require recognition of married same-sex 

spouse of a mother who gave birth to their child 

through assisted reproduction to the same extent as 

the state recognizes parentage of male spouses in 

the same situation. See Roe v. Patton, 2015 WL 

4476734. 

20See section 466(f) of the Act, 42 U.S.C. 666(f)), 

providing that ‘‘In order to satisfy section 

454(20)(A), each State must have in effect the 

Uniform Interstate Family Support Act, as approved 

by the American Bar Association on February 9, 

1993, including any amendments officially adopted 

as of September 30, 2008 by the National 

Conference of Commissioners on Uniform State 

Laws.’’ See also AT–14–11, Pub. L. 113–183 UIFSA 

2008 Enactment, available at: https://

www.acf.hhs.gov/css/policy-guidance/pl-113-183- 

uifsa-2008-enactment, requiring states to adopt 

UIFSA 2008 verbatim. 

21Section 315 of UIFSA provides states: 

‘‘SECTION 315. NONPARENTAGE AS DEFENSE. A 

party whose parentage of a child has been 

previously determined by or pursuant to law may 

not plead nonparentage as a defense to a proceeding 

under this [Act]. 

paternity, obtaining support orders, and 

collecting support payments and 

provide that information requests by 

parents who are residents of other States 

be treated with the same priority as 

requests by parents who are residents of 

the State submitting the plan.’’ 

Together, these provisions make clear 

that the ultimate goal of the child 

support services program is to ensure 

that children receive financial support 

from their parents. These title IV–D 

program statutes provide the legal basis 

for rulemaking that allows State 

programs to be more effective in serving 

the child support needs of all children, 

regardless of the gender or sexual 

orientation of their parents. 

Parentage Established by Order of 

Adoption 

While Federal law defers to State law 

on parentage establishment, with regard 

to interstate recognition of another 

State’s parentage order, current law 

requires States to recognize parentage 

established by judicial determination of 

another State, even if such 

determination may be at odds with the 

State’s own parentage laws. The Full 

Faith and Credit Clause of Article IV, 

Section 1 of the Constitution requires 

States to recognize and give effect ‘‘to 

the public acts, records and judicial 

proceedings of every other State.’’ This 

Constitutional provision requires States 

to recognize parentage of same-sex 

parents established through adoption. 

After Obergefell, the Supreme Court in 

V.L. v. E.L., 577 U.S. 404 (2016), 

summarily reversed a State court’s 

decision refusing to provide full faith 

and credit to another State’s order of 

adoption by a same-sex parent.17 In 

doing so, the Supreme Court reaffirmed 

that court judgments, including 

adoption decrees of same-sex parents, 

are entitled to the most ‘‘exacting form’’ 

of full faith and credit, meaning that 

they are enforceable in every state 

regardless of which State issued the 

decree. Many same-sex parents use the 

adoption process to establish the legal 

relationship with their children and 

secure their rights and obligations as 

parents. Although many States have 

streamlined the adoption process for 

married parents, which reduces the cost 

and time involved in the adoption 

process, OCSS recognizes that even with 

streamline procedures, the cost of 

adoption makes the adoption process 

difficult to access for many parents. 

Parentage Established by Marital 

Presumption 

States also recognize another state’s 

parentage establishment through the 

application of the marital presumption. 

Under the marital presumption 

doctrine, when a woman gives birth to 

a child, her spouse is presumed to be 

the biological parent. OCSS policy since 

1995 has recognized that birth 

certificates provide sufficient evidence 

of parentage.18 The marital presumption 

establishes legal rights and obligations 

of spouses to the child born during the 

marriage, unless rebutted under strict 

procedural State laws and procedures. 

As described earlier, in Pavan, the 

Supreme Court held that States must 

provide married same-sex parents the 

same right as married different-sex 

parents to be included on their child’s 

birth certificate. In so holding, the Court 

noted that ‘‘differential treatment 

infringes Obergefell’s commitment to 

provide same-sex couples ‘‘the 

constellation of benefits that the States 

have linked to marriage.’’ ’’ 19 Thus, 

application of the marital presumption, 

if not rebutted, establishes the parentage 

of children born to the marriage, and 

applies even when a birth parent spouse 

is not the biological parent of the child, 

and regardless of the spouse’s gender or 

sexual orientation. 

Parentage Under UIFSA 

In addition, parentage established in 

another State, that is the basis of an 

interstate child support proceeding 

under UIFSA, must be accepted by the 

responding State. States adopted UIFSA 

2018 verbatim as required by sections 

454(a)(20) and 466(f) of the Act.20

Section 315 of UIFSA 2008 prohibits 

non-parentage to be raised as a defense 

in an interstate child support 

proceeding.21 Thus, any challenge to 

parentage must be resolved in the State 

that issued the parentage determination. 

If a challenge is not brought in the 

issuing State, or is unsuccessful, the 

State receiving the interstate child 

support services request must recognize 

the parent-child relationship established 

in accordance with the laws of the 

issuing State. 

Voluntary Acknowledgement of 

Parentage (VAP) 

Section 466(a)(5)(C) of title IV–D 

requires States to enact laws ensuring a 

simple civil process for voluntarily 

acknowledging parentage (VAP). The 

changes made by the proposed rule 

provide States and Tribes the option to 

update forms used in the voluntary 

acknowledgment of parentage process to 

include gender-neutral terms. In 

addition, States and Tribes may extend 

use of the form, in accordance with 

State and Tribal laws and procedure, to 

establish parentage of children born to 

unmarried same-sex couples. A small 

but growing number of States now 

explicitly allow parents of any gender 

and non-biological parents to sign 

VAPs. Sections 466(a)(5)(C)(iv) and 

(a)(11) of the Act, 42 U.S.C. 

666(a)(5)(C)(iv) and (a)(11), require 

States to give full faith and credit to 

voluntary acknowledgment of parentage 

signed in any other State according to 

its procedures, however, the plain 

language of title IV–D imposes this 

requirement of recognition on paternity 

determinations only. This rulemaking 

does not propose to change this title IV– 

D requirement established by statute. 

Accordingly, under this proposed rule, 

States and Tribes may, at their option, 

recognize same-sex parentage 

established through the laws and 

procedures for the voluntary 

acknowledgment process in another 

State. OCSS encourages States and 

Tribes to do so to promote cooperation 

in interstate child support cases and to 

ensure that children can receive 

financial assistance from their parent 

and are not denied the benefit of having 

a relationship with, and emotional 

support of both their parents, regardless 

of their family’s structure. 


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22 42 U.S.C. 652(g)(2). 

Impact on Performance Measures 

Section 452(g) of the Act, 42 U.S.C. 

652(g), requires States to achieve certain 

performance levels in order to avoid 

program penalties and makes them 

eligible to receive incentive funds under 

section 458 of the Act, 42 U.S.C. 658a, 

based on performance. The incentive 

and penalty provisions of title IV–D are 

implemented through 45 CFR 305.0 

through 305.66. The incentive system 

measures State performance levels in 

the following five program areas: 

paternity establishment, support order 

establishment, current collections, 

arrearage collections, and costeffectiveness. The penalty system 

measures State performance in the 

following three areas: paternity 

establishment, support order 

establishment, and current collections. 

Under the current interpretation of title 

IV–D, a State that provides parentage 

establishment services for same-sex 

parents may not include those 

establishments in reporting program 

performance measures. This rulemaking 

would provide States the option to 

include parentage establishment for 

same-sex parents for the purposes of 

measuring their parentage establishment 

performance. 

A State’s paternity establishment 

percentage (PEP) is determined by 

dividing the total number of children in 

the IV–D caseloads in the fiscal year (or, 

at the option of the State, as of the end 

of the fiscal year) born out-of-wedlock 

with paternity established or 

acknowledged by the total number of 

children in the IV–D caseloads as of the 

end of the preceding fiscal year who 

were born out-of-wedlock.22 As States 

have moved forward with updating 

State law and child support services 

program policies to meet the needs of 

same-sex parents and their children, 

several States have asked OCSS for 

guidance on Federal reporting 

requirements. In 2022, OCSS issued 

PIQ–22–02 to clarify that the provisions 

in title IV–D of the Social Security Act 

mandating paternity establishment laws 

do not preclude States from adopting 

parentage laws and procedures for 

same-sex parent families. The 

establishment of the parent-child 

relationship is a matter of State law. 

State child support services programs 

need flexibility to provide core child 

support services, which include 

establishing support orders against the 

parent who, under State law, has a duty 

to provide support. PIQ–22–02 clarified 

that parentage establishment services 

provided to same-sex parent families, 

though not required under title IV–D, 

are reasonable and necessary expenses 

related to the core title IV–D program 

functions of establishing and enforcing 

orders, thus making them eligible for 

FFP under 45 CFR 304.20(a)(1). 

Section 452(g)(3)(A) allows the 

Secretary to ‘‘modify the requirements 

of [subsection 452g] to take into account 

such additional variables as the 

Secretary identifies (including the 

percentage of children in a State who 

are born out of wedlock or for whom 

support has not been established) that 

affect the ability of a State to meet the 

requirements of this subsection.’’ 

Section 458(e) grants the Secretary the 

authority to ‘‘prescribe such regulations 

as may be necessary governing the 

calculation of incentive payments under 

this section.’’ In addition, section 

454(13) of title IV–D provides the 

Secretary with broad authority to 

require States to ‘‘comply with such 

other requirements and standards as the 

Secretary determines to be necessary to 

the establishment of an effective 

program for locating noncustodial 

parents, establishing paternity, 

obtaining support orders, and collecting 

support payments and provide that 

information requests by parents who are 

residents of other States be treated with 

the same priority as requests by parents 

who are residents of the State 

submitting the plan.’’ These authorities 

provide the legal basis for allowing 

States to report same-sex parentage 

establishments for program performance 

purposes to ensure that the program is 

effective in establishing support orders 

and collecting support, regardless of the 

structure of their families. Accordingly, 

the proposed rule provides States the 

option to include parentage established 

for children under the laws and 

procedures of the State or Tribe for 

same-sex parents in reporting the PEP. 

Section by Section Discussion 

The NPRM proposes to make a 

nomenclature change, to remove the 

term ‘‘paternity’’ wherever it appears 

throughout 45 CFR chapter III, within 

titles, images, sections, and paragraphs, 

and replace it with the gender-neutral 

term ‘‘parentage.’’ This proposed change 

recognizes that numerous States have 

updated their laws and procedures to 

meet the legal, financial, and emotional 

needs of the families in their 

jurisdiction ensuring that all children in 

their caseloads can receive child 

support services and support from their 

parents, regardless of the structure of 

their family. The proposed change 

makes clear that title IV–D 

accommodates those updated State 

laws. This change will take place in the 

parts of chapter III shown in the 

following table: 

Part Sections 

301 ................. 301.1. 

302 ................. 302.17, 302.31, 302.33, 

302.34 and 302.70. 

303 ................. 303.4, 303.5, 303.11, 

303.20, 303.70 and 

303.101. 

304 ................. 304.12 and 304.20. 

305 ................. 305.1, 305.2, 305.31, 

305.33, 305.40, 305.61, 

305.62, and 305.63. 

307 ................. 307.10 and 307.11. 

308 ................. 308.2. 

309 ................. 309.05, 309.15, 309.55, 

309.65, 309.80, 309.85, 

309.90, 309.100, 309.145 

and 309.170. 

310 ................. 310.10. 

In § 301.1 General Definitions, OCSS 

proposes to add a definition for the term 

‘‘parentage’’ as used in chapter III to 

mean ‘‘the establishment of the legal 

parent-child relationship in accordance 

with the laws and procedures of the 

State or Tribe.’’ 

The NPRM further proposes to crossreference section 466(a)(5)(B) of the Act 

regarding genetic testing requirements 

in the following sections to make clear 

that title IV–D requirements regarding 

genetic testing continue to apply in 

cases involving different-sex parents, 

where paternity is contested. These 

cross-references are included in 

§§ 302.70(a)(5)(ii), (v) and (vi), 303.5(c), 

(e)(1) and (3), 303.11(b)(6)(ii), and 

304.12(b)(4)(iv). States must continue to 

require genetic testing to establish 

paternity in contested cases as 

appropriate. Under § 303.11(b)(6)(iv) we 

propose to remove ‘‘biological’’ and add 

‘‘putative’’ in its place. OCSS proposes 

to amend § 309.145(b)(2) by adding the 

word ‘‘putative’’ immediately following 

the word ‘‘child’s’’ in the sentence. 

OCSS also proposes to make changes 

to replace the gender-specific terms 

‘‘mother’’ and ‘‘father’’ with the genderneutral term ‘‘parent’’ where such terms 

appear in chapter III. These provisions 

are §§ 302.70(a)(5)(iii) and (vi), 303.4(d), 

303.5(a)(1), (c), (e)(3), (g)(2)(i) and (ii) 

and (3), 303.7(e)(1), 303.11(b)(4) and (6), 

303.70(a) and (d)(1), 303.101(b)(2)(iii), 

304.20(b)(2)(i), 305.1(a), 307.11(e)(ii), 

(f)(1)(ix), 307.13(a)(4)(iii), 308.2(h)(2), 

309.100(a)(2) and (c), 309.145(b)(2), 

310.10(a)(3(iii). Additionally, in 

§ 303.20(c)(2) we propose to remove the 

words, ‘‘his or her’’ and replace it with 

‘‘their.’’ Under § 305.2, we propose 

replacing images below paragraph 

(a)(1)(i) and paragraph (a)(1)(ii) with 

images that represents the equation to 

compute ‘‘IV–D Parentage Establishment 

Percentage’’ and ‘‘Statewide Parentage 


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Establishment Percentage’’ respectively. 

Under § 303.101(c)(3), we propose 

adding the words ‘‘made by judicial or 

administrative process’’ to immediately 

follow the word ‘‘determination.’’ 

OCSS further proposes to crossreference sections 466(a)(5)(C)(iv) and 

(a)(11) of the Act addressing full faith 

and credit requirements for parentage 

determinations in § 302.70(a)(11) that 

continue to apply to paternity 

determinations. Accordingly, the 

proposed change requires States to ‘‘give 

full faith and credit to a determination 

of parentage made by any other State in 

accordance with sections 

466(a)(5)(C)(iv) and (a)(11) of the Act, 

whether established through voluntary 

acknowledgment or through 

administrative or judicial processes.’’ 

The proposed change makes clear that 

full faith and credit requirements apply 

to paternity determinations, however, 

States and Tribes may, at their option, 

recognize same-sex parentage 

establishment determined in accordance 

with the laws and procedures of another 

State or Tribe. 

Effective Dates 

The proposed effective date will be 60 

days from the date of publication of the 

final rule. There are no compliance 

dates for this proposed regulation 

because the inclusion of parentage 

establishment in the Child Support 

Services program is an optional 

criterion. 

Impact Analysis 

Paperwork Reduction Act of 1995 

The Department has determined that 

this proposed rule does not impose new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Analysis 

The Secretary proposes to certify, 

under 5 U.S.C. 605(b), as enacted by the 

Regulatory Flexibility Act (Pub. L. 96– 

354), that this proposed rule, if 

finalized, would not result in a 

significant impact on a substantial 

number of small entities. The primary 

impact is on state governments. State 

governments are not considered small 

entities under the Act. 

Regulatory Impact Analysis 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if the regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This proposed 

rule, if finalized, would not result in 

economic impacts that exceed the 

monetary threshold for significance in 

section 3(f)(1) of Executive Order 12866 

(as amended by Executive Order 14094). 

However, the regulation is significant 

and has been reviewed by the Office of 

Management and Budget. 

Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 requires 

that a covered agency prepare a 

budgetary impact statement before 

promulgating a rule that includes any 

Federal mandate that may result in the 

expenditure by State, Tribal and Local 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. This $100 million 

threshold was based on 1995 dollars. 

The current threshold, adjusted for 

inflation is $177 million. This proposed 

rule, if finalized, would not impose a 

mandate that will result in the 

expenditure by State, Local, and Tribal 

governments, in the aggregate, or by the 

private sector, of more than $177 

million in any one year. 

Assessment of Federal Regulations and 

Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal agencies to 

determine whether a policy or 

regulation may negatively affect family 

well-being. If the agency’s 

determination is affirmative, then the 

agency must prepare an impact 

assessment addressing seven criteria 

specified in the law. The required 

review of the regulations and policies to 

determine their effect on family wellbeing has been completed, and this 

rulemaking will have a positive impact 

on family well-being as defined in the 

legislation by helping to ensure that 

parents support their children, even 

when they reside in separate 

jurisdictions, and will strengthen 

personal responsibility and increase 

disposable family income. 

Executive Order 13132 

Executive Order 13132 prohibits an 

agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on state and local 

governments or is not required by 

statute, or the rule preempts state law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

proposed rule does not have a 

federalism impact as defined in the 

Executive order. 

Jeff Hild, Acting Assistant Secretary of 

the Administration for Children and 

Families, approved this document on 

August 30, 2023. 

List of Subjects 

45 CFR Part 301 

Child support, State Plan Approval 

and Grant Procedures. 

45 CFR Part 302 

Child support, State Plan 

Requirements. 

45 CFR Part 303 

Child support, Standards for Program 

Operations. 

45 CFR Part 304 

Child support, Federal Financial 

Participation. 

45 CFR Part 305 

Child support, Program Performance 

Measures, Standards, Financial 

Incentives, and Penalties. 

45 CFR Part 307 

Child support, Computerized Support 

Enforcement Systems. 

45 CFR Part 308 

Child support, Annual State SelfAssessment Review and Report. 

45 CFR Part 309 

Child support, Tribal Child Support 

Enforcement (IV–D) program. 

45 CFR Part 310 

Child support, Computerized Tribal 

IV–D Systems and Office Automation. 

Dated: September 19, 2023. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services proposes to amend 45 

CFR chapter III as follows: 

PART 301—STATE PLAN APPROVAL 

AND GRANT PROCEDURES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 

659a, 660, 664, 666, 667, 1301, and 1302. 

■ 2. Amend § 301.1 by removing the 

word ‘‘paternity’’ and adding in its 

place the word ‘‘parentage’’ in the 

definition for ‘‘Attorney of a Child’’, and 

adding, in alphabetical order, the 

definition for ‘‘Parentage’’ to read as 

follows: 


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65936 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

§ 301.1 General definitions. 

* * * * * 

Parentage means the establishment of 

the legal parent-child relationship in 

accordance with the laws of the State or 

Tribe. 

* * * * * 

PART 302—STATE PLAN 

REQUIREMENTS 

■ 3. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 

659a, 660, 664, 666, 667, 1302, 1396a(a)(25), 

1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). 

■ 4. Amend part 302 by: 

■ a. Removing the word ‘‘paternity’’ 

wherever it appears, and adding in its 

place the word ‘‘parentage’’; 

■ b. Removing the word ‘‘mother’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’; and 

■ c. Removing the word ‘‘father’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’. 

■ 5. Amend § 302.70 by: 

■ a. In paragraph (a)(5)(ii), adding the 

words ‘‘as required by section 

466(a)(5)(B) of the Act’’ immediately 

following the words ‘‘genetic tests’’; and 

■ b. Revising paragraphs (a)(5)(v) and 

(vi) and (a)(11). 

The revisions read as follows: 

§ 302.70 Required State laws. 

(a) * * * 

(5) * * * 

(v) Procedures which provide that any 

objection to results of genetic testing 

required under section 466(a)(5)(B) of 

the Act must be made in writing within 

a specified number of days before any 

hearing at which such results may be 

introduced into evidence; and if no 

objection is made, a report of the test 

results, which is reflected in a record, is 

admissible as evidence of parentage 

without the need for foundation 

testimony or other proof of authenticity 

or accuracy; 

(vi) Procedures which create a 

rebuttable or, at the option of the State, 

conclusive presumption of parentage 

upon the results of genetic testing 

required under section 466(a)(5)(B) of 

the Act indicating a threshold 

probability of the alleged parent being 

the parent of the child; 

* * * * * 

(11) Procedures under which the State 

must give full faith and credit to a 

determination of parentage made by any 

other State in accordance with sections 

466(a)(5)(C)(iv) and (a)(11) of the Act, 

whether established through voluntary 

acknowledgment or through 

administrative or judicial processes. 

* * * * * 

PART 303—STANDARDS FOR 

PROGRAM OPERATIONS 

■ 6. The authority citation for part 303 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 

659a, 660, 663, 664, 666, 667, 1302, 

1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), 

and 1396(k), and 25 U.S.C. 1603(12) and 

1621e. 

■ 7. Amend part 303 by: 

■ a. Removing the word ‘‘paternity’’ 

wherever it appears, and adding in its 

place the word ‘‘parentage’’; 

■ b. Removing the word ‘‘mother’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’; and 

■ c. Removing the word ‘‘father’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’. 

■ 8. Amend § 303.5 by revising the 

section heading, paragraphs (c), (e)(1) 

and (3), and (g)(2)(i)(C) to read as 

follows: 

§ 303.5 Establishment of parentage. 

* * * * * 

(c) The IV–D agency must identify 

and use through competitive 

procurement laboratories which 

perform, at reasonable cost, legally and 

medically acceptable genetic tests 

required under section 466(a)(5)(B) of 

the Act which tend to identify the 

parent or exclude the alleged parent. 

The IV–D agency must make available a 

list of such laboratories to appropriate 

courts and law enforcement officials, 

and to the public upon request. 

* * * * * 

(e)(1) Except as provided in paragraph 

(e)(3) of this section, the IV–D agency 

may charge any individual who is not 

a recipient of aid under the State’s title 

IV–A or XIX plan a reasonable fee for 

performing genetic tests required under 

section 466(a)(5)(B) of the Act. 

* * * * * 

(3) If parentage is established and 

genetic tests were ordered by the IV–D 

agency in accordance with section 

466(a)(5)(B) of the Act, the IV–D agency 

must pay the costs of such tests, subject 

to recoupment (if the agency elects) 

from the alleged parent who denied 

parentage. If a party contests the results 

of an original test, the IV–D agency shall 

obtain additional tests but shall require 

the contestant to pay for the costs of any 

such additional testing in advance. 

* * * * * 

(g) * * * 

(2) * * * 

(i) * * * 

(C) Notice, orally or through video or 

audio equipment, and in writing, of the 

alternatives to, the legal consequences 

of, and the rights (including any rights, 

if a parent is a minor, due to minority 

status) and responsibilities of 

acknowledging parentage, and 

* * * * * 

§ 303.11 [Amended] 

■ 8. Amend § 303.11 by: 

■ a. In paragraph (b)(6)(ii), adding the 

words ‘‘as required by section 

466(a)(5)(B) of the Act’’ immediately 

following the words ‘‘genetic test’’; and 

■ b. In paragraph (b)(6)(iv) by removing 

the word ‘‘biological’’ and adding in its 

place the word ‘‘putative’’. 

§ 303.20 [Amended] 

■ 9. Amend § 303.20, in paragraph 

(c)(2), by removing the words ‘‘his or 

her’’ and in adding in their place the 

word ‘‘their’’. 

§ 303.70 [Amended] 

■ 10. Amend § 303.70, in paragraph (a), 

by removing the word ‘‘fathers’’ and 

adding in its place the word ‘‘parents’’. 

§ 303.101 [Amended] 

■ 11. Amend § 303.101, in paragraph 

(c)(3), by adding the words ‘‘made by 

judicial or administrative process’’ 

immediately following the word 

‘‘determination’’. 

PART 304—FEDERAL FINANCIAL 

PARTICIPATION 

■ 12. The authority citation for part 304 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 655, 657, 

1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 

1396b(p), and 1396(k). 

■ 13. Amend part 304 by: 

■ a. Removing the word ‘‘paternity’’ 

wherever it appears, and adding in its 

place the word ‘‘parentage’’; and 

■ b. Removing the word ‘‘father’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’. 

§ 304.12 [Amended] 

■ 14. Amend § 304.12, in paragraph 

(b)(4)(iv), by adding the words ‘‘in 

accordance with section 466(a)(5)(B) of 

the Act’’ immediately following the 

words ‘‘determining parentage’’. 

PART 305—PROGRAM 

PERFORMANCE MEASURES, 

STANDARDS, FINANCIAL 

INCENTIVES, AND PENALTIES 

■ 15. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 609(a)(8), 652(a)(4) 

and (g), 658a, and 1302. 

■ 16. Amend part 305 by removing the 

word ‘‘paternity’’ wherever it appears, 

and adding in its place the word 

‘‘parentage’’. 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65937 

§ 305.1 [Amended] 

■ 17. Amend § 305.1, in paragraph (a), 

by removing the text ‘‘(mother, father, or 

putative father)’’ and adding in its place 

the text ‘‘or putative parent’’. 

■ 18. Amend § 305.2 by revising the 

equations in paragraphs (a)(1)(i) and (ii) 

to read as follows: 

§ 305.2 Performance measures. 

(a) * * * 

(1) * * * 

(i) * * * 

(ii) * * * 

* * * * * 

■ 19. Amend part heading for part 307 

to read as follows: 

PART 307—COMPUTERIZED 

SUPPORT SERVICES SYSTEMS 

■ 20. The authority citation for part 307 

continues to read as follows: 

Authority: 42 U.S.C. 652 through 658, 664, 

666 through 669A, and 1302. 

■ 21. Amend part 307 by: 

■ a. Removing the word ‘‘paternity’’ 

wherever it appears, and adding in its 

place the word ‘‘parentage’’; and 

■ b. Removing the word ‘‘father’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’. 

PART 308—ANNUAL STATE SELFASSESSMENT REVIEW AND REPORT 

■ 22. The authority citation for part 308 

continues to read as follows: 

Authority: 42 U.S.C. 654(15)(A) and 1302. 

§ 308.2 [Amended] 

■ 23. Amend § 308.2 by: 

■ a. In paragraphs (b), (b)(2)(iv), and 

(h)(1), removing the word ‘‘paternity’’ 

and adding in its place the word 

‘‘parentage’’; and 

■ b. In paragraph (h)(2), removing the 

word ‘‘father’’ and adding in its place 

the word ‘‘parent’’. 

* * * * * 

PART 309—TRIBAL CHILD SUPPORT 

SERVICES (IV–D) PROGRAM 

■ 25. The authority citation for part 309 

continues to read as follows: 

Authority: 42 U.S.C. 655(f) and 1302. 

■ 26. Revise the heading to part 309 to 

read as set forth above. 

■ 27. Amend part 309 by: 

■ a. Removing the word ‘‘paternity’’ 

wherever it appears, and adding in its 

place the word ‘‘parentage’’; and 

■ b. Removing the word ‘‘father’’ 

wherever it appears, and adding in its 

place the word ‘‘parent’’ 

§ 309.145 [Amended] 

■ 28. Amend § 309.145, in paragraph 

(b)(2), by adding the word ‘‘putative’’ 

immediately following the word 

‘‘child’s’’. 

PART 310—COMPUTERIZED TRIBAL 

IV–D SYSTEMS AND OFFICE 

AUTOMATION 

■ 29. The authority citation for part 310 

continues to read as follows: 

Authority: 42 U.S.C. 655(f) and 1302. 

§ 310.10 [Amended] 

■ 30. Amend § 310.10 by: 

■ a. In paragraph (a): 

■ i. Removing the word ‘‘paternity’’ and 

adding in its place the word 

‘‘parentage’’; and 

■ ii. Removing the word ‘‘father’’ and 

adding in its place the word ‘‘parent’’. 

[FR Doc. 2023–20607 Filed 9–25–23; 8:45 am] 

BILLING CODE 4184–41–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[PSHSB: PS Docket No. 23–239; DA 23– 

852; FR ID 173197] 

Cybersecurity Labeling for Internet of 

Things 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; extension of 

comment and reply comment periods; 

and correction. 

SUMMARY: In this document, the Federal 

Communications Commission extends 

the comment and reply comment 

periods of the Notice of the Proposed 

Rulemaking (NPRM) in PS Docket No. 

23–239 that was released on August 10, 

2023. This document also corrects a 

Uniform Resource Locator (URL) link in 

the summary of the NPRM that was 

published in the Federal Register on 

August 25, 2023. 

DATES: The deadline for filing comments 

is extended to October 6, 2023, and the 

deadline for filing reply comments is 

extended to November 10, 2023. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 23–239 by 

any of the following methods: 

• Federal Communications 

Commission’s Website: https://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Parties who choose to file by 

paper must file an original and one copy 

of each filing. If more than one docket 

or rulemaking number appears in the 

caption of this proceeding, filers must 


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