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(a) Who May Bring Action.

(1) A child’s natural mother, a man alleged or alleging himself to be the father, a child’s guardian or personal representative, the Yurok Tribe, a prospective adoptive parent, or another interested party may bring an action at any time for the purpose of declaring the existence or nonexistence of the father/parent and child relationship for any child up to and including 18 years of age.

(2) A child may bring an action under subsection (a)(1) of this section at any time, including as an adult. An action for paternity taken by an adult child shall not be for the purposes of establishing child support under the Title IV-D program except as provided in YTC 13.35.270.

(3) A man presumed to be a child’s father under YTC 13.30.030 may bring an action for the purpose of declaring the nonexistence of the father-and-child relationship only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

(4) As a matter of policy, the Yurok Tribe discourages the disestablishment of paternity that has earlier been established. The Court shall require the party seeking to disestablish paternity to show that it is in the best interests of the child to disestablish paternity, prior to other proceedings on the petition, including genetic testing or discovery.

(b) Contents of Petition.

The petition to establish parentage must include, so far as known, the following:

(1) The name, address, date of birth, income, Social Security number, gender, and Tribal affiliation, if any, of the child or children whose parentage is at issue, the custodial parent or guardian, and the person who is claimed to be the parent. The petition may include any other information that may assist in locating or identifying the father, unless the father is the filing party.

(2) The relief sought.

(3) Evidence of parentage including, but not limited to, birth certificates, marriage licenses, decrees of separation or divorce, Yurok custom or practice acknowledging paternity, and genetic tests performed.

(4) A certified copy of any order pertaining to parentage that is in effect.

(c) Hearing. Upon receipt of the petition, the Court shall schedule a hearing to determine parentage within 50 days from the date the petition is filed. The Clerk of the Court shall issue a summons providing notice of the date and subject matter of the hearing with a copy of the petition to the petitioner for service on the respondent.

(1) Findings. The factual determinations made at the hearing shall be limited to the parentage of the child or children and the income and expense information necessary to determine the appropriate level of support under Chapter 13.35 YTC.

(2) Use of Custom and Tradition. The Yurok Tribal Court shall consider Yurok customs and traditions relevant to parentage or child support, in making any determination under this chapter.

(d) Summons. The summons described in subsection (c) of this section shall inform the respondent of the following:

(1) That if he or she chooses not to appear at the hearing or enter a defense to the petition challenging the authority of the Court to hear the matter by the date of the hearing, the hearing shall proceed on the basis of the petitioner’s evidence;

(2) That parentage will be established at the hearing and that genetic tests may be ordered if parentage is disputed;

(3) That respondent’s employer or others with evidence of the parent’s income may be subpoenaed to provide the Court with records of his or her earnings;

(4) That he or she may enter into a stipulated support agreement/voluntary acknowledgment of paternity;

(5) That any answer to the petition must be served on the petitioning party and filed with the Court within 20 days of the date of service of the petition.

(e) Service. The petition shall be served in person, unless service in person is not feasible. If personal service is not feasible, the petition may be served by certified mail at the last known address of the respondent or by another method approved by the Court.

(f) Default. If the respondent fails to appear at the hearing, the Court may enter an order of parentage and/or child support upon a showing of valid service and the presentation of evidence of parentage and/or a support obligation. The Court has the discretion to not enter the default order of parentage to further the policies of the Yurok Tribe Enrollment Department. [Ord. 50 § 6.7, adopted, 3/23/2017.]