545
Nothing in this clause shall preclude a
State agency from obtaining an admission
of paternity from the father for submission
in a judicial or administrative proceeding,
or prohibit the issuance of an order in a
judicial or administrative proceeding which
bases a legal finding of paternity on an ad-
mission of paternity by the father and any
other additional showing required by State
law.
‘‘(ii) LEGAL
FINDING
OF
PATER-
NITY.—Procedures under which a signed
voluntary acknowledgment of paternity is
considered a legal finding of paternity,
subject to the right of any signatory to re-
scind the acknowledgment within the ear-
lier of—
‘‘(I) 60 days; or
‘‘(II) the date of an administra-
tive or judicial proceeding relating to
the child (including a proceeding to
establish a support order) in which
the signatory is a party.
‘‘(iii) CONTEST.—Procedures under
which, after the 60-day period referred to
546
in clause (ii), a signed voluntary acknowl-
edgment of paternity may be challenged in
court only on the basis of fraud, duress, or
material mistake of fact, with the burden
of proof upon the challenger, and under
which the legal responsibilities (including
child support obligations) of any signatory
arising from the acknowledgment may not
be suspended during the challenge, except
for good cause shown.
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which judicial or administrative proceedings are
not required or permitted to ratify an unchal-
lenged acknowledgment of paternity.
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring the admission into evi-
dence, for purposes of establishing pater-
nity, of the results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged as reliable by accreditation bod-
ies designated by the Secretary; and
547
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) requiring an objection to genetic
testing results to be made in writing not
later than a specified number of days be-
fore any hearing at which the results may
be introduced into evidence (or, at State
option, not later than a specified number
of days after receipt of the results); and
‘‘(iii) making the test results admissi-
ble as evidence of paternity without the
need for foundation testimony or other
proof of authenticity or accuracy, unless
objection is made.
‘‘(G) PRESUMPTION
OF
PATERNITY
IN
CERTAIN CASES.—Procedures which create a re-
buttable or, at the option of the State, conclu-
sive presumption of paternity upon genetic test-
ing results indicating a threshold probability
that the alleged father is the father of the child.
‘‘(H) DEFAULT ORDERS.—Procedures re-
quiring a default order to be entered in a pater-
nity case upon a showing of service of process
548
on the defendant and any additional showing
required by State law.
‘‘(I) NO RIGHT TO JURY TRIAL.—Proce-
dures providing that the parties to an action to
establish paternity are not entitled to a trial by
jury.
‘‘(J) TEMPORARY SUPPORT ORDER BASED
ON
PROBABLE
PATERNITY
IN
CONTESTED
CASES.—Procedures which require that a tem-
porary order be issued, upon motion by a party,
requiring the provision of child support pending
an administrative or judicial determination of
parentage, if there is clear and convincing evi-
dence of paternity (on the basis of genetic tests
or other evidence).
‘‘(K) PROOF OF CERTAIN SUPPORT AND
PATERNITY
ESTABLISHMENT
COSTS.—Proce-
dures under which bills for pregnancy, child-
birth, and genetic testing are admissible as evi-
dence without requiring third-party foundation
testimony, and shall constitute prima facie evi-
dence of amounts incurred for such services or
for testing on behalf of the child.
‘‘(L) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
549
has a reasonable opportunity to initiate a pater-
nity action.
‘‘(M) FILING OF ACKNOWLEDGMENTS AND
ADJUDICATIONS IN STATE REGISTRY OF BIRTH
RECORDS.—Procedures under which voluntary
acknowledgments and adjudications of paternity
by judicial or administrative processes are filed
with the State registry of birth records for com-
parison with information in the State case reg-
istry.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is
amended by inserting ‘‘, and specify the minimum require-
ments of an affidavit to be used for the voluntary acknowl-
edgment of paternity which shall include the social secu-
rity number of each parent and, after consultation with
the States, other common elements as determined by such
designee’’ before the semicolon.
(c) CONFORMING AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 4332. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by
inserting ‘‘and will publicize the availability and encourage
550
the use of procedures for voluntary establishment of pater-
nity and child support by means the State deems appro-
priate’’ before the semicolon.
SEC. 4333. COOPERATION BY APPLICANTS FOR AND RECIPI-
ENTS OF PART A ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(a), and 4313(a) of this Act, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing new paragraph:
‘‘(29) provide that the State agency responsible
for administering the State plan—
‘‘(A) shall make the determination (and re-
determination at appropriate intervals) as to
whether an individual who has applied for or is
receiving assistance under the State program
funded under part A of this title or the State
program under title XIX is cooperating in good
faith with the State in establishing the pater-
nity of, or in establishing, modifying, or enforc-
ing a support order for, any child of the individ-
551
ual by providing the State agency with the
name of, and such other information as the
State agency may require with respect to, the
noncustodial parent of the child, subject to good
cause and other exceptions which—
‘‘(i) shall be defined, taking into ac-
count the best interests of the child, and
‘‘(ii) shall be applied in each case,
by, at the option of the State, the State agency
administering the State program under part A,
this part, or title XIX;
‘‘(B) shall require the individual to supply
additional necessary information and appear at
interviews, hearings, and legal proceedings;
‘‘(C) shall require the individual and the
child to submit to genetic tests pursuant to ju-
dicial or administrative order;
‘‘(D) may request that the individual sign
a voluntary acknowledgment of paternity, after
notice of the rights and consequences of such
an acknowledgment, but may not require the in-
dividual to sign an acknowledgment or other-
wise relinquish the right to genetic tests as a
condition of cooperation and eligibility for as-
sistance under the State program funded under