AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for liability for
3support.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 4321 of Title 23 of the Pennsylvania
7Consolidated Statutes is amended by adding a paragraph to read:

8§ 4321. Liability for support.

9Subject to the provisions of this chapter:

10* * *

<-11(4) A person that is the father of a child conceived as
12a result of a rape or incest is liable for the support of his
13children who are unemancipated and 18 years of age or
14younger. This paragraph shall apply whether or not the
15person's parental rights were terminated.

<-16(2.1) The following apply:

17(i) Paragraph (2) applies whether or not parental

1rights of the parent have been terminated due to a
2conviction for any of the following where the other
3parent is the victim:

4(A) 18 Pa.C.S. § 3121 (relating to rape);

5(B) 18 Pa.C.S. § 3122.1 (relating to statutory
6sexual assault);

7(C) 18 Pa.C.S. § 3124.1 (relating to sexual
8assault) where the offense involved sexual
9intercourse;

10(D) 18 Pa.C.S. § 3124.2 (relating to
11institutional sexual assault) where the offense
12involved sexual intercourse; or

13(E) 18 Pa.C.S. § 4302 (relating to incest) where
14the offense involved sexual intercourse.

15(ii) Paternity of the child under this paragraph
16shall be established through blood, genetic or other type
17of paternity test acceptable to the court.

18Section 2. The addition of 23 Pa.C.S. § 4321(2.1) shall
19apply to any action regarding custody of a child under 23
20Pa.C.S. Ch. 43 that is filed on or after the effective date of
21this section.

22Section <-2 3. This act shall take effect in 60 days.