Committee: Rules Author: Diane Hammons/Richard Oshurn
Date: 10-16-06 Committee Date: 10-26-06 Sponsor: Cara Cowan Watts
Legislative Act 30-06
A LEGISLATIVE ACT AMENDING TITLE 10 OF THE CHEROKEE NATION CODE
ANNOTATED ? PATERNITY; AMENDING SECTIONS 110 AND 117
BE IT ENACTED BY THE CHEROKEE NATION: SECTION 1. TITLE AND CODIFICATION
This act shall amend the "Paternity Act of 2005" and codified as Title 10, Sections 100 et seq., by adding Sections 105.1 and 113.1 and by amending Sections 110 and 117.
SECTION 2. PURPOSE
The purpose of this legislative act is to add Section 105.1 to require service on the Cherokee Nation Registrar for paternity actions which affect the rolls of the Cherokee Nation; amend Section 110 to prohibit assessment for birthing costs as an expense owed by the father of a child when birthing services are provided by the Indian Health Service; to add Section 113.1 to prohibit the use of default paternity orders as the basis for enrollment of a child in the Cherokee Nation; and to amend Section 117 by adding Subsection 1 I 7(C) to allow a male who acknowledged paternity prior to attaining the age of 18 to challenge that acknowledgement prior to attaining the age of 19.
SECTION 3. LEGISLATIVE HISTORY
LA 11-05 March 21, 2005
SECTION 4. SUBSTANTIVE PROVISIONS OF LAW
10 CNCA 105.1
In all actions to determine the paternity of a child, or of a person younger than age 19 in accordance with Subsection 104(E) of this title, that would affect the citizenship rolls of the Cherokee Nation, notice must be served on the Cherokee Nation Registrar at least thirty (30) days prior to the date of the hearing on the petition. Proof of that notice must be filed with the District Court prior to any hearing on the petition for determination of paternity. However, this section shall not apply to paternity actions brought by the Cherokee Nation.
10 CNCA ?1 10(C)(1)
I. An individual who has been legally determined to be the...
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