PRINTER'S NO. 3323
No. 2531 Session of 1980
INTRODUCED BY DAWIDA, MURPHY, DUFFY, KNIGHT, MICHLOVIC, ITKIN
AND SEVENTY, MAY 8, 1980
REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 1980
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 proceedings to determine paternity, conforming certain
4 provisions to existing law and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6133 and 6136, the definition of "duty
8 of support" in section 6702 and section 6704(e), (f) and (g) of
9 Title 42, act of November 25, 1970 (P.L.707, No.230), known as
10 the Pennsylvania Consolidated Statutes, are amended or added to
11 read:
12 § 6133. Authority for test.
13 In any matter subject to this subchapter in which paternity,
14 parentage or identity of a child is a relevant fact, the court
15 upon its own initiative or upon suggestion made by or on behalf
16 of any person whose blood is involved may, or upon motion of any
17 party to the action made at a time so as not to delay the
18 proceedings unduly, shall order the mother, child [and], alleged
1 father and any other person admitting intercourse with the
2 mother at or about the time of conception to submit to blood
3 tests. Blood tests are to be performed by the international
4 standard microlymphocity crytotoxicity test. The evidence of
5 test results and the probative effect thereof, including the
6 evidentiary value of estimations of likelihood of paternity,
7 shall be admissible in evidence. If any party refuses to submit
8 to such tests, the court may resolve the question of paternity,
9 parentage or identity of a child against such party, or enforce
10 its order if the rights of others and the interests of justice
11 so require.
12 § 6136. Effect of test results.
13 If the court finds that the conclusions of all the experts as
14 disclosed by the evidence based upon the tests are that the
15 alleged father is not the father of the child, the question of
16 paternity, parentage or identity of a child shall be resolved
17 accordingly. [If the experts disagree in their findings or
18 conclusions, the question shall be submitted upon all the
19 evidence.] If the findings or conclusions of the expert or
20 experts do not conclusively exclude paternity, the question
21 shall be submitted upon all the evidence.
22 § 6702. Definitions.
23 The following words and phrases when used in this subchapter
24 shall have, unless the context clearly indicates otherwise, the
25 meanings given to them in this section:
26 * * *
27 "Duty of support." Includes any duty of support imposed or
28 imposable by law or by any court order, whether interlocutory or
29 final, whether incidental to a proceeding for divorce, legal
30 separation, separate maintenance, prosecution for failure to
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1 support a child born out of lawful wedlock, support of a child
2 born out of lawful wedlock, or otherwise.
3 * * *
4 § 6704. Commencement of support actions.
5 * * *
6 (e) No limitation of actions for support.--A support action
7 brought pursuant to this subchapter may be commenced at any time
8 notwithstanding any other statutory provisions providing for
9 limitation of actions.
10 (f) Character of action.--An action brought under this
11 subchapter shall be a civil action governed by general rules
12 applicable to civil matters.
13 (g) Trial of paternity.--Where the paternity of a child born
14 out of wedlock is disputed, the determination of paternity shall
15 be made by the court without a jury unless either party demands
16 trial by jury. The trial, whether or not a trial by jury is
17 demanded, shall be a civil trial and there shall be no right to
18 a criminal trial on the issue of paternity. The burden of proof
19 shall be by a preponderance of the evidence.
20 Section 2. The act of April 28, 1978 (P.L.106, No.46),
21 entitled "An act amending the act of July 13, 1953 (P.L.431,
22 No.95), entitled 'An act relating to support of dependents;
23 providing a procedure for enforcement thereof, including
24 attachment of property and earnings; conferring powers and
25 imposing duties upon courts, district attorneys and probation
26 officers,' requiring support of a child born out of lawful
27 wedlock, requiring the action to be brought within certain time
28 limits, requiring trial by the court or by jury in a civil
29 action and making repeals," is repealed.
30 Section 3. This act shall take effect in 60 days.
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