(This is section 610 of the UPA.)

Source: UPA (1973) § 8.

Joinder of paternity proceedings with related matters is common, especially when a child support agency seeks to establish paternity and fix child support.

Subsection (b) restricts counterclaims in those instances in which an initiating state sends a paternity suit to the responding state. Because petitioner is "appearing" in the other forum, to permit counterclaims would serve as a major deterrent to bringing such proceedings. This bar does not prevent a separate action for such matters, but there must be independent jurisdiction not arising from the petitioner's appearance in the paternity proceeding.

§1931.__Proceeding before birth

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:

1.__Service of process.__Service of process;

2.__Discovery.__Discovery; and

3.__Collection of specimens.__Except as prohibited by section 1902, collection of specimens for genetic testing.

Comment

(This is section 611 of the UPA.)

This section recognizes that establishing a parental relationship as quickly as possible may be in the best interest of a child. To facilitate that process, some initial steps may be completed prior to the birth of the child.

§1932.__Child as party; representation

1.__Permissible but not necessary party.__A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.