§ 115.

460 words·~2 min read·/vt/115-3

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§ 115. Binding effect of determination of parentage

(a)Determination binding. Except as otherwise provided in subsection

(b)of this section, a determination of parentage shall be binding on:

(1)all signatories to an acknowledgment of parentage or denial of parentage as provided in chapter 3 of this title; and

(2)all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 108 of this title.

(b)Adjudication in proceeding to dissolve marriage. In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if:

(1)the court acts under circumstances that satisfy the jurisdictional requirements of section 108 of this title; and

(2)the final order:

(A)expressly identifies a child as a “child of the marriage” or “issue of the marriage” or by similar words indicates that the parties are the parents of the child; or

(B)provides for support of the child by the parent or parents.

(c)Determination a defense. Except as otherwise provided in this chapter, a determination of parentage shall be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.

(d)Challenge to adjudication.

(1)Challenge by a person who was a party to an adjudication. A party to an adjudication of parentage may challenge the adjudication only by appeal or in a manner otherwise consistent with the Vermont Rules for Family Proceedings.

(2)Challenge by a person who was not a party to an adjudication. A person who has standing under section 105 of this title, but who did not receive notice of the adjudication of parentage under section 106 of this title and was not a party to the adjudication, may challenge the adjudication within two years after the effective date of the adjudication. The court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of the child. If the court permits the proceeding, the court shall adjudicate parentage under section 206 of this title.

(e)Child not bound. A child is not bound by a determination of parentage under this chapter unless:

(1)the determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;

(2)the determination was based on a finding consistent with the results of genetic testing;

(3)the determination of parentage was made under chapter 7 or 8 of this title; or

(4)the child was a party or was represented by an attorney, guardian ad litem, or similar person in the proceeding in which the child’s parentage was adjudicated. (Added 2017, No. 162 (Adj. Sess.), § 1.)