H. B. 4807
(By Delegates Hines, Rowe, Wills, Mahan, Johnson, Capito
and Webb)
(Originating in the House Committee on the Judiciary)
[March 2, 2000]
A BILL to amend and reenact section two, article six, chapter
forty-eight-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating generally to
limitations on actions brought to establish paternity;
providing that if an action to establish paternity is brought
five years or more after the birth, miscarriage or stillbirth
of the child, liability for retroactive child support, birth
expenses and other expenses is limited to the three-year
period preceding the commencement of the action; setting forth
an exception when plaintiff's delays are induced by defendant;
and providing for retroactive child support for child who
brings a paternity action upon reaching the age of 18.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 6. ESTABLISHMENT OF PATERNITY.
§48A-6-2. Statute of limitations; prior statute of limitations not
a bar to action under this article; effect of prior
adjudication between husband and wife; limitation on
retroactive support and expenses.
(a) Except for a proceeding brought by a child in his or her
own right under the provisions of subdivision (7), subsection (e),
section one of this article, a proceeding for the establishment of
the paternity of a child shall be brought prior to such child's
eighteenth birthday within eighteen years after the birth,
miscarriage or stillbirth of a child.
(b) A proceeding to establish paternity under the provisions
of this article may be brought by or on behalf of a child
notwithstanding the fact that, prior to the effective date of this
section the first day of July, one thousand nine hundred eighty-
six, an action to establish paternity may have been barred by a
prior statute of limitations set forth in this code or otherwise
provided for by law.
(c) A proceeding to establish paternity under the provisions
of this article may be brought for any child who was not yet
eighteen years of age on the sixteenth day of August, one thousand
nine hundred eighty-four, regardless of the current age.
(d) A proceeding to establish paternity under the provisions
of this article may be brought for any child who was not yet
eighteen years of age on the sixteenth day of August, one thousand
nine hundred eighty-four, and for whom a paternity action was
brought but dismissed because a statute of limitations of less than
eighteen years was then in effect.
(e) Any other provision of law to the contrary
notwithstanding, when a husband and wife or former husband and
wife, in an action for divorce or an action to obtain a support
order, have litigated the issue of the paternity of a child
conceived during their marriage to the end that the husband has
been adjudged not to be the father of such the child, such the
prior adjudication of the issue of paternity between the husband
and the wife shall does not preclude the mother of such the child
from bringing a proceeding against another person to establish
paternity under the provisions of this article.
(f) If a civil action to establish paternity is brought five
years or more after the birth, miscarriage or stillbirth of the
child, liability for retroactive child support, birth expenses and
other expenses is limited to the three-year period preceding the
commencement of the action. This limitation does not apply if
credible evidence proves that the plaintiff's delays in pursuing
the civil action to establish paternity and a consequent obligation
for the payment of child support, birth expenses and other expenses were caused by the defendant's misrepresentations as to the right
to bring such action or because the delay was otherwise induced by
the defendant. In the case of a proceeding brought by a child in
his or her own right under the provisions or subdivision (7),
subsection (e), section one of this article, liability for
retroactive child support is limited to the three-year period
preceding the child's eighteenth birthday.
Strike-throughs indicate language that would be stricken from
the present law, and under-scoring indicates new language that
would be added.