Source: UPA (1973) § 8(a).

The court having jurisdiction over parentage proceedings under this Act should be identified here. Although a proceeding to determine parentage is most often associated with an action to establish a child support order, the Act departs from the choice made by the UIFSA (1996) § 102, which allows for the establishment of a child support order by an administrative agency. Insofar as establishment of parentage is concerned, the new UPA reflects the deliberate decision by NCCUSL that an "adjudication" should require a judicial proceeding. This procedure is consistent with the practice of most states. In fact, very few states provide for the resolution of disputed paternity through administrative processes, which, of course, is a policy judgment for the State legislature to make.

The term "tribunal" found in UIFSA to describe both courts and agencies is not employed in the Act. Rather, the dispute resolution entity in UPA (2002) is limited to a "court." UPA (2002) conforms to the congressional determination that parentage may also be established by an acknowledgment of parentage under Article 3. Article 7 allows parentage to be established in a written record that presumably could then be approved by an administrative officer. These exceptions create potential disputes that only a judicial proceeding can resolve.

Joinder of a parentage proceeding with an action for divorce, annulment, separate maintenance, or child support and custody is left to state law. This should be considered in choosing which court in a state is to be given jurisdiction over proceedings under this Act.

§1835. Protection of participants

Proceedings under this chapter are subject to other law of this State governing the health, safety, privacy and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number place of employment, social security number and the child's day- care facility and school.

Comment

(This is section 105 of the UPA.)

Source: UCCJEA (1997) § 209(e).