PRINTER'S NO. 1579
No. 1428 Session of 1993
INTRODUCED BY RUDY, WOZNIAK, DeWEESE, YEWCIC, HERMAN, M. N. WRIGHT, SURRA, HECKLER, S. H. SMITH, SAURMAN, LAUGHLIN, RAYMOND, WOGAN, GIGLIOTTI, HASAY, MUNDY, SEMMEL, HARLEY, DeLUCA, LINTON, GEIST, FAIRCHILD, ULIANA, TIGUE, E. Z. TAYLOR, JOSEPHS, BATTISTO AND BELARDI, APRIL 27, 1993
REFERRED TO COMMITTEE ON AGING AND YOUTH, APRIL 27, 1993
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, defining "genetic tests"; and 3 providing for procedures for long arm jurisdiction in 4 paternity and support matters. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 4302 of Title 23 of the Pennsylvania 8 Consolidated Statutes is amended by adding a definition to read: 9 § 4302. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 * * * 14 "Genetic tests." Includes any blood and tissue testing 15 processes used to confirm or exclude parentage. 16 * * * 17 Section 2. Section 4342 of Title 23 is amended by adding
1 subsections to read: 2 § 4342. Expedited procedure. 3 * * * 4 (c) Long arm procedures.--The Supreme Court shall by general 5 rule establish procedures for the exercise of long arm 6 jurisdiction to establish paternity and to establish and enforce 7 support. Long arm jurisdiction shall be used in preference to 8 proceedings under Chapter 45 (relating to reciprocal enforcement 9 of support orders), unless it would be more effective to proceed 10 otherwise. Long arm proceedings may be commenced or continued in 11 any county where the plaintiff resides regardless of whether the 12 parties maintained a family domicile in that county. 13 (d) Jurisdiction over nonresident.--In a proceeding to 14 establish, enforce or modify a support order or to determine 15 parentage, any court of this Commonwealth may exercise personal 16 jurisdiction over a nonresident individual if: 17 (1) the individual is personally served with notice 18 within this Commonwealth; 19 (2) the individual submits to the jurisdiction of this 20 Commonwealth by consent, by entering a general appearance or 21 by filing a responsive document having the effect of waiving 22 any contest to personal jurisdiction; 23 (3) the individual resided with the child in this 24 Commonwealth; 25 (4) the individual resided in this Commonwealth and 26 provided prenatal expenses or support for the child; 27 (5) the child resides in this Commonwealth as a result 28 of the acts or directives of the individual; 29 (6) the individual engaged in sexual intercourse in this 30 Commonwealth and the child may have been conceived by that 19930H1428B1579 - 2 -
1 act of intercourse; 2 (7) the individual asserted parentage in the affidavit 3 filed with the Division of Vital Records of the Department of 4 Health; or 5 (8) there is any other basis consistent with the 6 Constitution of the United States and the Constitution of 7 Pennsylvania for the exercise of personal jurisdiction. 8 Section 3. This act shall take effect immediately. B8L23DGS/19930H1428B1579 - 3 -