PATERNITY

When a child is born to an unwed mother, paternity must be established before the father has rights to the child.  Paternity must be established by a court order before any rights of the father may be enforced.  An Affidavit of Paternity signed by both parents, birth certificate, or other document indicating paternity may be used to establish Paternity if the father agrees, but a Paternity Test is required if paternity is contested.  Also, the Order establishing paternity may be set aside at a later date if a paternity test was not done.  The Office of Child Support Enforcement will pay for the paternity test up front, but if the putative father is found to be the actual father, then he will be responsible for that costs.  If the test proves the putative father is not the actual father, then the mother will be responsible for its cost.  Upon the establishment of paternity, the father has the right to pursue visitation rights; the father will become obligated to pay child support; and the father may also be obligated for part or all of the lying-in expenses incurred during the pregnancy. 

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 10. PATERNITY
SUBCHAPTER 1. GENERAL PROVISIONS

Arkansas Code Annotated Section 9-10-103:  Temporary Orders - Administrative Orders for Paternity Testing.

(a)  If the child is not born when the accused appears before the chancery court or chancellor, the court may hear evidence and may make temporary orders and findings pending the birth of the child. 
(b) (1)  If the parentage of a child has not been established the Office of Child Support Enforcement shall send a notice to the putative father, or mother, as appropriate, that he or she is a biological parent of the child. The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child's parents. 
      (2)  In all cases brought pursuant to Title IV-D of the federal Social Security Act, upon sworn statement of the mother, putative father, or the Office of Child Support Enforcement alleging paternity, the Office of Child Support Enforcement shall issue an administrative order for paternity testing which requires the mother, putative father, and minor child to submit themselves for paternity testing. 
           (A)  The Office of Child Support Enforcement shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father. 
           (B)  Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108. 
           (C)  Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the Office of Child Support Enforcement. 
      (3) (A)  The request for paternity testing shall be accompanied by an affidavit alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father; or 
           (B)  An affidavit denying paternity, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the mother and putative father. 
      (4) (A)  The Office of Child Support Enforcement shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. 
           (B)  Recovery by the Office of Child Support Enforcement through all available processes shall be initiated, including income withholding, when appropriate. 
      (5)  Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting, and the Office of Child Support Enforcement shall assist the contestant in obtaining such additional testing as may be requested. 
     (6)  If the results of paternity testing establish a ninety-five-percent or more probability of inclusion that the putative father is the biological father of the child, then the Office of Child Support Enforcement may file a complaint for paternity and child support in the chancery court or juvenile division thereof, as appropriate. 
(c)  Any paternity testing results obtained pursuant to an administrative order for paternity testing shall be admissible into evidence in any chancery court or juvenile court for the proposes of adjudicating paternity, as provided by § 9-10-108. 
(d)  If the results of paternity testing exclude an alleged parent from being the biological parent of the child, the Office of Child Support Enforcement shall issue an administrative determination that declares that the excluded person is not a parent of the child. 
(e)  If the mother should die before the final order, the action may be revived in the name of the child, and the mother's testimony at the temporary hearing may be introduced in the final hearing. 
(f)  Upon motion by a party, the chancery court shall issue a temporary child support order in accordance with this Code, the guidelines for child support, and the family support chart, when paternity is disputed and a judicial or administrative determination of paternity is pending, if there is clear and convincing genetic evidence of paternity.

Arkansas Code Annotated Section 9-10-104:  Suit to Determine Paternity of Illegitimate Child.

Petitions for paternity establishment may be filed by: 
(1)  A biological mother; 
(2)  A putative father; 
(3)  A person for whom paternity is not presumed or established by court order; or 
(4)  The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. 

Arkansas Code Annotated Section 9-10-108:  Paternity Test.

(a) (1)  Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. 
     (2) (A)  Upon motion of either party in a paternity action, when the mother is deceased or unavailable, the trial court shall order that the putative father and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. 
          (B)  If a maternal relative is available and willing to participate in paternity testing, the trial court shall include such maternal relative within its order for paternity testing. 
     (3) (A)  Upon motion of either party in a paternity action, when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. 
          (B)  If a paternal relative is available and willing to participate in paternity testing, the trial court shall include such paternal relative within its order for paternity testing. 
     (4)  The tests shall be made by a duly qualified expert or experts to be appointed by the court. 
     (5) (A)  A written report of the test results prepared by the duly qualified expert conducting the test, or by a duly qualified expert under whose supervision or direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced in evidence in paternity actions without calling the expert as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days of the trial on the complaint and bond is posted in an amount sufficient to cover the costs of the duly qualified expert to appear and testify. 
           (B) (i)  If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of said samples and by one (1) person signing for said samples at the place where same are subject to the testing procedure. 
                 (ii)  Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens. 
     (6) (A)  If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony of the mother in regard to access during the probable period of conception, such shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such proof. 
           (B)  If the results of the paternity tests conducted pursuant to subdivision (a)(2) of this section establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony concerning the conception, birth, and history of the child, such shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such proof. 
     (7)  Whenever the court orders scientific testing for paternity and one (1) of the parties refuses to submit to the testing, that fact shall be disclosed upon the trial and may be considered civil contempt of court. 
     (8)  The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. 
     (9)  Whenever it shall be relevant to the prosecution or the defense in a paternity action, scientific testing for paternity which excludes third parties as the biological father of the child may be introduced under the same requirements as set out in this section. 
(b)  The appearance of the name of the father, with his consent, on the certificate of birth, the social security account number of the alleged father filed, with his consent, with the Division of Vital Records of the Department of Health of this state pursuant to § 20-18-407, a certified copy of such certificate or records, on which the name of the alleged father was entered with his consent, from the vital records department of another state, or the registration of the father, with his consent, in the putative father registry of this state pursuant to § 20-18-702 shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment.

Arkansas Code Annotated Section 9-10-109:  Child Support Following Finding of Paternity.

(a) (1)  Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the chancery court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas child support clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act. All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq. 
      (2)  The court may provide for the payment of support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls prior to graduation from high school so long as such support is conditional on the child remaining in school. 
      (3)  The court may also provide for the continuation of support for an individual with a disability which affects the ability of the individual to live independently from the custodial parent. 
(b) (1) (A)  All orders directing payments through the registry of the court or through the Arkansas child support clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. 
           (B)  The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely satisfied. 
     (2)  The clerk, upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order, may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year. 
     (3)  Payments made for this fee shall be made on an annual basis in the form of a check or money order payable to the clerk of the court or other such legal tender which the clerk may accept. This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee. 
     (4)  Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit such to the clerk. 
     (5)  All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter.  Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter.  The acquisition and update of software for the automated data system shall be a permitted use of these funds.  All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "Support Collection Costs Fund".  Moneys deposited in this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court. 
(c)  The clerk of the court shall maintain accurate records of all support orders and payments under this section. 
(d)  The clerk may accept the support payment in any form of cash or commercial paper, including personal checks, and may require that the custodial parent or nonobligated spouse be named as payee thereon.

Arkansas Code Annotated Section 9-10-110:  Judgment for lying-in expenses - Commitment on failure to pay.

(a)  If it is found by the court that the accused is the father of the child, the court shall render judgment against him for the lying-in expenses in favor of the mother, person, or agency incurring the lying-in expenses, if claimed. 
(b)  If the lying-in expenses are not paid upon the rendition of the judgment, together with all costs which may be adjudged against him in the case, then the court shall have the power to commit the accused person to jail until the lying-in expenses are paid, with all costs. 
(c) (1)  Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the chancery court or juvenile division thereof without third-party foundation testimony if such bills or invoices are regular on their face. 
     (2)  Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

Arkansas Code Annotated Section 9-10-111:  Judgment for child support - Bond.

(a)  If it is found by the chancery court that the accused is the father of the child and, if claimed by the mother, the chancery court or chancellor shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from the birth of the child until the child attains the age of eighteen (18) years. 
(b) (1)  The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security. 
     (2)  The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under the age of eighteen years, and for the payment of the monthly payments that may be adjudged as aforesaid. 
    (3)  Bonds shall be approved by the chancellor and an entry made on the record of the conditions and the securities thereon. 
(c)  If the person refuses or neglects to enter into bond with security as above provided, the chancellor shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law.

Arkansas Code Annotated Section 9-10-112:  Income withholding - Delinquent noncustodial parent.

(a) (1)  Except as provided in subsection (b) of this section, all persons under court order on August 1, 1985, to pay support who become delinquent thereunder in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to income withholding. 
     (2) (A)  In all orders which provide for the payment of money for the support of any child, the court shall include a provision directing a payor to deduct from money, income, or periodic earnings due the noncustodial parent an amount which is sufficient to meet the periodic child support payments imposed by the court, plus an additional amount of not less than ten percent (10%) of the periodic child support payment to be applied toward liquidation of any accrued arrearage due under the order. 
          (B)  The use of income withholding does not constitute an election of remedies and does not preclude the use of other enforcement remedies. 
(b) (1)  Beginning October 1, 1989, in all cases brought pursuant to Title IV-D, the support orders issued or modified shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. Otherwise, it shall become effective under subsection (a) of this section following the procedure set forth in subsection (c) of this section, or as provided in subsection (d) of this section. 
     (2)  Beginning January 1, 1994, all support orders issued or modified shall include a provision for immediate implementation of income withholding absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement. 
     (3)  In all non-Title IV-D cases brought prior to January 1, 1994, the support order may include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate withholding, or a written agreement of the parties incorporated in the order setting forth an alternative agreement. The judge of each division shall determine if all support orders shall be subject to the provisions of this section and shall enter a standing order setting forth the treatment of non-Title IV-D cases in that division prior to January 1, 1994. 
(c)  In activating an order of income withholding which did not become effective immediately, the court shall follow the same procedures and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the chancery court. 
(d)  In cases brought pursuant to Title IV-D with support orders effective prior to October 1, 1989, income withholding may take effect immediately in any child support case at the request or upon the consent of the noncustodial parent.

Arkansas Code Annotated Section 9-10-113:  Custody of Illegitimate Child.

(a)  When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches the age of eighteen (18) years unless a court of competent jurisdiction enters an order placing the child in the custody of another party. 
(b)  A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the chancery court, or other court of competent jurisdiction, wherein the child resides, for custody of the child. 
(c)  The court may award custody to the biological father upon a showing that: 
      (1)  He is a fit parent to raise the child; 
      (2)  He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and 
      (3)  It is in the best interest of the child to award custody to the biological father.

Arkansas Code Annotated Section 9-10-114:  Visitation Rights of Father.

When any chancery court in this state determines the paternity of a child and orders the father to make periodic payments for support of the child, the court may also grant reasonable visitation rights to the father and may issue such orders as may be necessary to enforce the visitation rights.

Arkansas Code Annotated Section 9-10-115:  Modification of Orders or Jjudgments.

(a)  The chancery court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe. 
(b)  The court shall not set aside, alter, or modify any final decree, order, or judgment of paternity where paternity blood testing, genetic testing, or other scientific evidence was used to determine the adjudicated father as the biological father. 
(c)  Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health: 
     (1)  Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or 
     (2)  Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first. 
(d) (1)  Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact. 
     (2)  The burden of proof shall be upon the person challenging the establishment of paternity. 
(e) (1) (A)  When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108, at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction. 
           (B)  If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section. 
     (2)  The duty to pay child support and other legal obligations shall not be suspended while the motion is pending except for good cause shown, which shall be recited in the court's order. 
(f) (1)  If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall set aside the previous finding or establishment of paternity and relieve him of any future obligation of support as of the date of the finding. 
     (2)  If the name of the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity appears on the birth certificate of the child, the court shall issue an order requiring the birth certificate to be amended to delete the name of the father. 
(g)  If the test administered under subdivision (e)(1)(A) of this section confirms that the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity is the biological father of the child, the court shall enter an order adjudicating paternity and setting child support in accordance with § 9-10-109, the guidelines for child support, and the family support chart.

Arkansas Code Annotated Section 9-10-120:  Effect of Acknowledgment of Paternity.

(a)  A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority. 
(b) (1)  Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the chancery courts and juvenile divisions thereof as creating a parent and child relationship between father and child. 
      (2)  Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity. 
(c)  The Arkansas Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Arkansas Office of Child Support Enforcement. 
(d)  Upon submission of the acknowledgment of paternity to the Division of Vital Records of the Department of Health, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity. 
(e)  The Administrator of the Office of Child Support Enforcement and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the Office of Child Support Enforcement. 

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 27. JUVENILE COURTS AND PROCEEDINGS
SUBCHAPTER 3. JUVENILE CODE

Arkansas Code Annotated Section 9-27-342:  Proceedings Concerning Illegitimate Juveniles.

(a)  Absent orders of this court or another court of competent jurisdiction to the contrary, the biological mother, whether adult or minor, of an illegitimate juvenile is deemed to be the natural guardian of that juvenile and is entitled to the care, custody, and control of that juvenile. 
(b)  The biological mother, the putative father, the juvenile himself, or the Office of Child Support Enforcement may bring an action to establish paternity or support of a juvenile alleged to be illegitimate. 
(c) (1)  If the juvenile is not born when the parties appear before the court, the court may hear evidence and issue temporary orders and findings pending the birth of the juvenile. 
     (2)  In the event the final order is contrary to the temporary one, the court shall render judgment for the amount paid under the temporary order against the petitioner if such was the biological mother. 
     (3)  If the mother dies before the final order, the action may be revived in the name of the juvenile, and the mother's testimony at the temporary hearing may be introduced in the final hearing. 
(d)  Upon an adjudication by the court that the putative father is the father of the juvenile, the court shall follow the same guidelines, procedures, and requirements as established by the laws of this state applicable to child support orders and judgments entered upon divorce. The court may award court costs and attorney's fees. 
(e)  A father, providing that paternity has been established in a court of competent jurisdiction, may petition the juvenile court in the county where the juvenile resides for custody of the juvenile. The court may award custody to a father who has had paternity established if the court finds by a preponderance of the evidence that: 
     (1)  He is a fit parent to raise the juvenile; 
     (2)  He has assumed his responsibilities toward the juvenile by providing care, supervision, protection, and financial support for the juvenile; and 
     (3)  It is in the best interest of the juvenile to award custody to the father. 
(f)  At the request of either party in a paternity action, the trial court shall direct that the putative father, biological mother, and juvenile submit to one (1) or more blood tests or other scientific examinations or tests, including deoxyribonucleic acid (DNA) typing, to determine whether or not the putative father can be excluded as being the father of the juvenile and to establish the probability of paternity if the test does not exclude the putative father. 
(g)  The tests shall be made by a duly qualified physician or physicians, or by another duly qualified person or persons, not to exceed three (3), to be appointed by the court. 
(h) (1)  The results of the tests shall be receivable in evidence. 
     (2) (A)  A written report of the test results by the duly qualified expert performing the test, or by a duly qualified expert under whose supervision and direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him before a notary public, may be introduced in evidence in illegitimacy actions without calling the expert as a witness. If either party shall desire to question the expert, the party shall have him subpoenaed within a reasonable time prior to trial. 
          (B)  If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the juvenile and after corroborating testimony of the mother in regard to access during the probable period of conception, such shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such proof. 
     (3)  The experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings. 
(i)  Whenever the court orders the blood tests to be taken and one (1) of the parties refuses to submit to the test, that fact shall be disclosed upon the trial unless good cause is shown to the contrary. 
(j)  The costs of the test and witness fees shall be taxed by the court as other costs in the case. 
(k)  Whenever it shall be relevant to the prosecution or the defense in a paternity action, blood tests which exclude third parties as the father of the juvenile shall be the same as set out in subsections (f) and (g) of this section. 
(l)  The refusal of a party to submit to a genetic or other ordered test is admissible at a hearing to determine paternity only as to the credibility of the party. 
(m)  If a male witness offers testimony indicating that his act of intercourse with the mother may have resulted in the conception of the juvenile, the court may require the witness to submit to genetic or other tests to determine whether he is the juvenile's father.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 20. PUBLIC HEALTH AND WELFARE
SUBTITLE 2. HEALTH AND SAFETY
CHAPTER 18. VITAL RECORDS
SUBCHAPTER 4. BIRTHS AND ADOPTIONS

Arkansas Code Annotated Section 20-18-401:  Birth Registration Generally.

(a)  A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records, or as otherwise directed by the state registrar, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section. 
(b)  When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a). The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth. 
(c)  When a birth occurs outside an institution: 
      (1)  The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: 
            (A)  The physician in attendance at or immediately after the birth, or in the absence of such a person; 
            (B)  Any other person in attendance at or immediately after the birth, or in the absence of such a person; 
           (C)  The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred. 
      (2)  The Division of Vital Records shall determine what evidence may be required to establish the fact of birth. 
(d)  When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined. 
(e)  For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (f). 
(f)  (1)  If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless: 
          (A)  Paternity has been determined otherwise by a court of competent jurisdiction; or 
          (B)  The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose. 
      (2)  If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose. 
      (3)  In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. 
      (4)  If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. 
(g)  Either of the parents of the child, or other informant, shall verify by signature or electronic process the accuracy of the personal data to be entered on the certificate in time to permit the filing of the certificate within the ten (10) days prescribed in this section. 
(h)  Certificates of birth filed after ten (10) days, but within one (1) year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed above. Such certificates shall not be marked "Delayed". The State Registrar may require additional evidence in support of the facts of birth.

Arkansas Code Annotated Section 20-18-406:  New Certificates.

(a)  The state registrar shall establish a new certificate of birth for a person born in this state when he or she receives the following: 
      (1)  A certificate of adoption as provided in § 20-18-405 [repealed], or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; 
      (2)  A request that a new certificate be established and any evidence, as required by regulation, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate. 
(b)  When a new certificate of birth is established, the actual city and/or county and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by regulation. 
(c)  Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by regulation. 
(d)  Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. 
(e)  Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by regulation if paternity is not already shown on the certificate of birth. 
(f) (1)  The State Registrar of Vital Records shall, upon request, prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following: 
           (A)  A certificate of adoption as provided in § 20-18-405 [repealed]; 
           (B)  Proof of the date and place of the adopted child's birth; 
           (C)  A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older. 
      (2)  After preparation of the birth certificate in the new name of the adopted person, the State Registrar of Vital Records shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation or as otherwise provided by state law. 
     (3)  The birth certificate shall show the actual foreign country of birth, and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued. 
(g)  If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in § 20-18-402 or § 20-18-403 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. 
(h)  When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct.

Last Updated:  July 26, 2003