Committee: Rules Sponsor:
Date: 2-04-05 Committee Date: 2-17-05 Author: Richard Osburn
An Act
Legislative Act 11-05
Title
AN ACT RELATING TO AND AMENDING TITLE 10 OF THE CHEROKEE NATION
CODE ANNOTATED TO ADD CHAPTER 3, SECTIONS 100 THROUGH 123, WHICH
ESTABLISH CHEROKEE NATION PROCEDURE FOR THE DETERMINATION OF
PATERNITY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the "Paternity Act of 2005" and codified as Title 10, Chapter 3, ? 100-123 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to establish the procedure by which the courts of the Cherokee Nation are to determine paternity.
Section. 3 Amendments
Title 10 of the Cherokee Nation Code Annotated is hereby amended to read as follows:
Chapter 3
PATERNITY
? 100 Presumption that Man Is the Natural Father.
A. Except as otherwise provided by Section 100.1 of this title, a man is presumed to be the natural father of a child for all intents and purposes if:
1 He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within ten (10) months after the termination of the marriage by death, annulment, declaration of invalidity, divorce or dissolution, or after a decree of separation is entered by a court. A child born before wedlock becomes legitimate by the subsequent marriage of his parents even if the marriage is, was or could be declared invalid. Any child born within the ten-month period specified in this subsection which is born during a subsequent marriage to another person shall be presumed to be the legitimate child of that subsequent marriage;
2. Before the child's birth, he and the child's natural mother have cohabitated and the child is born within ten (10) months after the termination of cohabitation. As used in this paragraph, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjug...
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