THE PATERNITY ACT
Act xxx of 2012
Title and extant of operation of the Code
This Act shall be called the THE PATERNITY ACT, and shall 1[extend to the whole of India 2[except the State of Jammu and Kashmir].]
Section. 1. As used in this act:
(a) “Child born out of wedlock” means a child begotten and born to a woman who was not married from
(b) “Child” means a child born of wedlock.
(c) “Mother” means the mother of a child born out of wedlock.
(d) “Court” means
(1) The District Court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian, or
(2) Where a guardian has been appointed or declared in pursuance of any such application-
(a) The Court which, or the Court of the officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian, or
(b) In any matter relating to the person of the ward the District Court having jurisdiction in the place where the ward for the time being ordinarily resides.
(e) “DNA identification profile” means the results of the DNA identification profiling of genetic testing
(f) “DNA identification profiling” means a validated scientific method of analyzing components of
(g) “Genetic testing material” means a sample of an individual's blood, saliva, or tissue collected from the
(h) “Summary report” means a written summary of the DNA identification profile that includes only the
(i) The court case number, if applicable, the laboratory case number or identification number, and the
(ii) The mother's name and Religion.
(iii) The child's name.
(iv) The alleged father's name and Religion.
(v) The collection dates and identification numbers of the genetic testing material.
(vi) The cumulative paternity index.
(vii) The probability of paternity.
(viii) The conclusion as to whether the alleged father can or cannot be excluded as the biological father.
(ix) The name, address, and telephone number of the contracting laboratory.
(x) The name of the individual certifying the report.
(i) “Birth certificate means a Certificate issued by hospital where child was born which include Mother and Father name.
2 Child born to married couple / out of wedlock; liability of parents.
(1) When Man and women marry, it is assumed that every child born after the marriage is of her husbands, but many times same father is not biological father of the child, so the parents of a child born out of wedlock are liable for the necessary support and education of the child. They are also liable for the child's funeral expenses. Subject to subsections (2) and (3), based on each parent's ability to pay and on any other relevant factor, the court may apportion, in the same manner as medical expenses of the child are divided under the child support formula, the reasonable and necessary expenses of the mother's confinement and expenses in connection with her pregnancy between the parents and require the parent who did not pay the expense to pay his or her share of the expense to the other parent.
At the request of a person other than a parent who has paid the expenses of the mother's confinement or
(2) If Women unmarried, she should identify father of the Child and he should notified for DNA identification profiling to match the Paternity. And to be Registered in Birth certificate.
(3) If women is not willing to identify father of the child, then she should pay all the expenses of the Child, and child is treated as illegitimate and stateless, till identity of the Father is confirmed.
(4) If a pregnancy has been determined and Women terminate without the consent of the Father then she should be charged for murder of the unborn child and in other criminal proceeding as per law of the land.
(5) After DNA identification profiling, if husband not found a Biological Father, then he is not liable to pay any expenses of the child.
(6) After DNA identification profiling, if husband not found a Biological Father, then he has valid reason for Divorce if he want, and claim damage from his wife and Father of the Child.
(7) The court order shall provide that if the father marries the mother after the birth of the child and
(8) If Man divorce when his wife is pregnant, then Mother has right to claim child medical expenses and supports after DNA identification profiling
(9) If the father dies, an order of filiation or a judicially approved settlement made before his death is
(10) Every Hospital should fill Summery report and issue Birth certificate and notify State of Birth of the Child.
(11) Women has right to ask Genetic testing material from anyone who she is claiming, Father of her Child. And it should done in secrecy.
(12) False claim of Paternity by women is a Criminal offence.
3 Paternity proceeding;
(1) An action under this act shall be brought in the family court by the mother, the father, a child
(2) Alleged Father of the Child should pay half of the expenses of the Child.
(3) An action to determine paternity shall not be brought under this act if the child's father acknowledges
(3) An action under this act may be commenced during the pregnancy of the child's mother or at any time
(4) The mother or alleged father who has physical possession of the child and is eligible for Free legal assistance from the state.
(5) The party filing the complaint shall name the person believed to be the father of the child and state in
(6) Upon the filing of a complaint, the court shall issue a summons against the named defendant. If the
(7) If, after service of process, the parties fail to consent to an order naming the man as the child's father as
(8) If the mother, alleged father, or child does not appear for genetic paternity testing as provided in
(9) It is unnecessary in any proceedings under this act commenced by or against a minor to have a next
(10) If a child born out of wedlock / illegitimate or abandon has right to claim support and will get Free legal support from the State.
(11) If a determination of paternity is made under this act, the court may enter an order of filiation . Regardless of who commences an action under this act, an order of filiation entered under this act has the same effect, is subject to the same provisions, and is enforced in the same manner as an order of filiation entered on complaint of the mother or father.
(12) Disobeying Summery report by alleged Father is criminal offence and tried as under laws of the State.
4 Summons or notice; notification of obligation and rights; court order for genetic
(1) The summons or other initial notice to a party in an action under this act shall contain
(2) The family welfare authority or its designee that requires a party to appear for genetic paternity
(a) The test to be performed.
(b) The purpose and potential uses of the test.
(c) How the test results will be used to establish paternity or nonpaternity as provided in section 6.
(d) How the individual will be provided with the test results.
(e) The individual's right to keep the test results confidential as provided in section 6a.
4a Effect of paternity in another state.
Section. 4b. The establishment of paternity under the law of another state has the same effect and may be used
5 Mother and alleged father competent to testify; cross-examination; exclusion of
Section. 5. (1) Both the mother and the alleged father of the child shall be competent to testify, and if either
(2) If the child is not born at the time set for trial, the case, unless the defendant mother or defendant father
6 Pretrial proceedings
Section. 6. (1) In a proceeding under this act before trial, the court, upon application made by or on behalf of
(a) Enter a default judgment at the request of the appropriate party.
(b) If a trial is held, allow the disclosure of the fact of the refusal unless good cause is shown for not disclosing the fact of refusal.
(2) A blood or tissue typing or DNA identification profiling shall be conducted by a person accredited for
(3) The court shall fix the compensation of an expert at a reasonable amount and may direct the
(4) Subject to subsection (5), the result of blood or tissue typing or a DNA identification profile and the
(5) If the probability of paternity determined by the qualified person described in subsection (2) conducting
the blood or tissue typing or DNA identification profiling is 99% or higher, and the DNA identification
(6) Upon the establishment of the presumption of paternity as provided in subsection (5), either party may
(7) Alleged Father can request for multiple DNA identification profiling; but not more than 3 agencies.
6a Information obtained from genetic paternity testing; disclosure prohibited;p>
retention and destruction of material; confidentiality; sale, transfer, or offer; audit;
Section. 6a. (1) Except as authorized under this act, a person shall not disclose information obtained from
genetic pagenetic paternity testing that is authorized under this act.
(2) If an alleged father who is tested as part of an action under this act is found to be the child's father, the
If a man is found not to be the child's father, the contracting laboratory shall destroy the man's genetic testing
(3) DNA identification profiling or any genetic paternity testing details are excluded from RTI (Right to Information Act) unless court Orders.
(4) A contracting laboratory, the family welfare authority or its designee, or another entity involved
(5) A person shall not sell, transfer, or offer genetic testing material obtained under this act except as
(5) A contracting laboratory shall annually cause to be conducted an independent audit verifying the
(6) A violation of this section is a misdemeanor punishable by a fine of not more than Rs.50,000.00. A second or subsequent violation of this section is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than Rs.1,00,000.00, or both.>
7 Order of filiation of declaring paternity
Section. 7. (1) The court shall enter an order of filiation declaring paternity and providing for the support of the
child under 1 or more of the following circumstances:
(a) The finding of the court or the verdict determines that the man is the father.
(b) The defendant acknowledges paternity either orally to the court or by filing with the court a written acknowledgment of paternity.
(c) The defendant is served with summons and a default judgment is entered against him or her.
(2) An order of filiation entered under subsection (1) shall specify the sum to be paid weekly or otherwise,
as prescribed in section 5 of the support and parenting time enforcement act, until the child reaches the age of 18. The court may also order support for a child after he or she reaches 18 years of age. In addition to providing for the support of the child, the order shall also provide for the payment of the necessary expenses incurred by or for the mother in connection with her confinement and pregnancy and for the funeral expenses if the child has died, as determined by the court under section 2. A child support obligation is only retroactive to the date that the paternity complaint was filed unless any of the following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act.
(c) The defendant otherwise delayed the imposition of a support obligation.
(3) A judg(3) A judgment or order entered under this act providing for the support of a child or payment of expenses
in connection with the mother's confinement or pregnancy is enforceable as provided in the support and
(4) If an order of filiation or acknowledgment of parentage is abrogated by a later judgment or order of a
(5) Within the time prescribed by court rule, the party, attorney, or agency that secures the signing of an
(6)Child / Parent is not Eligible to claim or file for Paternity once Child turn 18
7a Provisions for custody and parenting and other dispute.>
Section. 7a. (1)If childs biological Father is not husband of the Mother, and husband has no objection, then court can declare him as a biological Father.
(2) In above case biological Father has no right to claim visitation / Custody.
(3)Keeping or taking Child from any Parent is criminal offence.
(4)Child or custodian can claim / demand visitation from any or both parents once a month or as agreed till child attain the age of 12.
(5)Child Should made Available or brought to other parent without any court proceeding, till custody is decided.
(6)Custody should be on best interest of the Child, and to be raised with both parents love and effection.
(7)Child should not to be asked to choose guardian or custodian.
(8)Anyone fueling hatred in other parent should be charged with criminal offence.
(9)Any parent can claim and prove that other parent is not capable to raise the Child and refer to any custodian if both are not capable.
8 Payments to the court, and disbursement;
Section. 8. (1)The court shall require the payment of money to be made to the court, clerk of the
(2)Any Parent can make onetime payment to court chosen Bank which pay monthly child support.
(3) The person so adjudged to be the father of the child may be required to give bond with 1 or
(4) The judge, in case of default in the payment, when due, of any installment or any part of the installment
(5) In order to make effective the purpose and intention of the bonds required under subsection (1), the
(6) Maintenance of the Child Should be divided equally among both parents.
9 Continuing jurisdiction; purposes.>
Section. 9. The court has continuing jurisdiction over proceedings brought under this act to increase or
10 Mother's support and education of child born out of wedlock; bond; default; liability>
Section. 10. (1) If a mother of a child born out of wedlock possesses property and fails to support and educate
(2) The court may require the mother to give security, by bond, with sufficient sureties approved by the
(3) This section does not relieve the father from liability for the child's support and education in
(4) Any Parent can deny taking child support from other parent.
11 False complaint; penalty.>
Section. 11. Any person making a false complaint under this act as to identity of the father, or the aiding or
12 Appeal; stay of execution, bond, security for costs.>
Section. 12. An appeal in all cases may be taken by either the complainant or the defendant, a guardian ad
No appeal, however, shall operate as a stay of execution unless the defendant gives the security provided in
13. Reference to mother as parent of child in records, certificates, or other papers.>
(1) Mother(1) Mother should provide at least 2 witness who were present at the time of birth of the child, if child is not born hospital.
(2)In a record, certificate, or other paper made or executed requiring a declaration by or notice to the
(3)Family welfare Authority has authority to subject mother to DNA identification profiling.
14 Application of act.>
Section. 14. This act applies every child birth as well as all cases arising out of birth out of wedlock commenced after this act takes effect.
15 Fees; assessment in order of filiation.
Section. 15. No fees for commencement of suit, filing fee, decree or judgment fee, or stenographer fee shall be
16 Paternity act; short title.>
Section. 16. This act shall be known and may be cited as “The paternity act 2012”.