Sec. 25.27.166. Disestablishment of paternity.
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Sec. 25.27.166. Disestablishment of paternity.
(a)The agency shall, by regulation, establish procedures and standards for the disestablishment of paternity of a child whose paternity was established in this state other than by court order if the paternity was not established by
(1)genetic test results that met the standard set out in AS 25.20.050
(d)at the time the test was performed; or
(2)an acknowledgment of paternity under AS 25.20.050 or an admission of paternity under AS 25.27.165 .
(b)The agency's standards and procedures under
(a)of this section must
(1)allow a person to petition the agency to disestablish paternity only once per child;
(2)allow a petition to disestablish paternity to be brought only within three years after the child's birth or three years after the petitioner knew or should have known of the father's putative paternity of the child, whichever is later; and
(3)provide standards and notice and hearing procedures that are equivalent to those used for establishment of paternity under AS 25.27.165 .
(c)The agency shall disestablish paternity under this section if genetic test results are negative under the standard set out in AS 25.20.050
(d)and if the other standards established in its regulations are met.
(d)If a decision under this section disestablishes paternity, the petitioner's child support obligation or liability for public assistance under AS 25.27.120 is modified retroactively to extinguish arrearages for child support and accrued liability for public assistance based on the alleged paternity that is disestablished under this section. This subsection may be implemented only to the extent not prohibited by federal law.
(e)The costs of genetic testing under this section shall be assessed against the petitioner if paternity is not disestablished. If paternity is disestablished under this section, the costs of genetic testing shall be assessed against
(1)the individual to whom the petitioner paid or owed child support payments for the child for whom paternity was disestablished; or
(2)the agency if there is no individual who meets the description in
(1)of this subsection.