2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4343 - Paternity.

     § 4343.  Paternity.
        (a)  Determination.--Where the paternity of a child born out
     of wedlock is disputed, the determination of paternity shall be
     made by the court in a civil action without a jury. A putative
     father may not be prohibited from initiating a civil action to
     establish paternity. The burden of proof shall be by a
     preponderance of the evidence. Bills for pregnancy, childbirth,
     postnatal care related to the pregnancy and genetic testing are
     admissible as evidence without requiring third-party foundation
     testimony and shall constitute prima facie evidence of amounts
     incurred for such services or for testing on behalf of the
     child. If there is clear and convincing evidence of paternity on
     the basis of genetic tests or other evidence, the court shall
     upon motion of a party issue a temporary order of support
     pending the judicial resolution of a dispute regarding
     paternity. The Supreme Court shall provide by general rule for
     entry of a default order establishing paternity upon a showing
     of service of process on the defendant and a subsequent failure
     to appear for scheduled genetic testing.
        (b)  Limitation of actions.--
            (1)  An action or proceeding under this chapter to
        establish the paternity of a child born out of wedlock must
        be commenced within 18 years of the date of birth of the
        child.
            (2)  As of August 16, 1984, the requirement of paragraph
        (b)(1) shall also apply to any child for whom paternity has
        not yet been established and any child for whom a paternity
        action was brought but dismissed because of a prior statute
        of limitations of less than 18 years.
        (c)  Genetic tests.--
            (1)  Upon the request of any party to an action to
        establish paternity, supported by a sworn statement from the
        party, the court or domestic relations section shall require
        the child and the parties to submit to genetic tests. The
        domestic relations section shall obtain an additional genetic
        test upon the request and advance payment by any party who
        contests the initial test.
            (2)  Genetic test results indicating a 99% or greater
        probability that the alleged father is the father of the
        child shall create a presumption of paternity which may be
        rebutted only by clear and convincing evidence that the
        results of the genetic tests are not reliable in that
        particular case.
            (3)  To ensure the integrity of the specimen and that the
        proper chain of custody has been maintained, the genetic
        tests of the biological mother, the child or children in
        question and the alleged father should be conducted by an
        established genetic-testing laboratory in the course of its
        regularly conducted business activity, and certified records
        should be issued. The certified records shall be admissible
        into evidence without further foundation, authentication or
        proof of accuracy if no objection is made within ten days
        prior to trial. The laboratory must be certified by either
        the American Association of Blood Banks or the American
        Association for Histocompatibility and Immunogenetics.
            (4)  If the court or domestic relations section orders
        genetic testing, the domestic relations section shall pay the
        cost of the test, subject to recoupment from the alleged
        father if paternity is established.
            (5)  A determination of paternity made by another state,
        whether through judicial proceedings, administrative
        proceedings or by acknowledgment of paternity, shall be given
        full faith and credit in the courts of this Commonwealth.
            (6)  A determination of nonpaternity made by another
        state with respect to a public assistance recipient shall not
        be binding upon the Department of Public Welfare unless the
        defendant shows that the department had actual notice of the
        proceedings, including the date and time of any trial, and a
        fair opportunity to participate in all material proceedings
        through counsel of its own choice.
     (Dec. 20, 1989, P.L.654, No.81, eff. imd.; Dec. 16, 1994,
     P.L.1286, No.150, eff. imd.; Dec. 16, 1997, P.L.549, No.58, eff.
     Jan. 1, 1998)

        1997 Amendment.  Act 58 amended subsecs. (a) and (c)(1), (4)
     and (6). Act 58 of 1997 was suspended by Pennsylvania Rule of
     Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar
     as it is inconsistent with Rule No.1910.20 relating to the
     availability of remedies for collection of past due and overdue
     support.
        1994 Amendment.  Act 150 amended subsec. (c). Section 5 of
     Act 150 provided that the amendment of section 4343 shall apply
     to all actions pending on the effective date of Act 150.
        Cross References.  Section 4343 is referred to in section
     4305 of this title.