(1) The delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section 26-13.5-106. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section 26-13.5-113 of their legal rights concerning the determination of paternity.
A copy of the order establishing paternity and financial responsibility and the swornstatement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section 2613.5-105 (2). The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.
If the order establishing paternity is at variance with the child's birth certificate, thedelegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section 19-4-124.
Service of process to establish paternity and financial responsibility may be madepursuant to this article 13.5 by any method of service, including certified mail, as specified in section 26-13.5-104.
Source: L. 89: Entire article added, p. 1245, § 1, effective April 1, 1990. L. 90: (2) amended, p. 899, § 25, effective July 1. L. 92: Entire section amended, p. 186, § 8, effective August 1. L. 97: (2) amended, p. 565, § 18, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2332, § 10, effective July 1, 2019.