Connecticut Paternity / Parentage Petition Packet

Connecticut Paternity / Parentage Petition Packet

Part 1. Pre-Petition Checklist

☐ Confirm venue under C.G.S. § 46b-160(a)(2): judicial district of residence of mother or putative father
☐ Determine forum: Superior Court (J.D.) vs. Family Support Magistrate Division (for Title IV-D cases)
☐ Verify child's age (action may be brought at any time before the child's 18th birthday; past support limited to 3 years prior to filing — C.G.S. § 46b-160(a)(1)(A))
☐ Determine whether an Acknowledgment of Parentage / Paternity (AOP, historically PA-1) has been signed and filed with DPH Vital Records
☐ If AOP filed, calculate 60-day rescission window under C.G.S. § 46b-172
☐ Determine whether mother was married at time of conception or birth (affects use of C.G.S. § 46b-172a "putative father claim")
☐ If IV-D case, ensure service on the Attorney General per C.G.S. § 46b-160(a)(1)(B)
☐ ICWA inquiry under 25 U.S.C. § 1903
☐ Gather identifying information for all parties (DOB, SSN, addresses)
☐ Obtain certified copy of Connecticut Birth Certificate
☐ Prepare Petition (JD-FM-159 or equivalent), Summons, and Order to Show Cause
☐ Prepare proposed Order for Genetic Testing under C.G.S. § 46b-168
☐ Determine child support amount under Connecticut Child Support and Arrearage Guidelines (Reg. § 46b-215a)
☐ Prepare Financial Affidavit (JD-FM-6) for both parties
☐ Confirm filing fee or fee waiver application (JD-FM-75)
☐ Identify need for counsel for indigent putative father (Lavertue v. Niman, 196 Conn. 403 (1985); C.G.S. § 46b-160(a)(3)(A))

Part 2. Verified Petition to Establish Paternity / Parentage

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
(☐ Family Support Magistrate Division)
Docket No. FA-[__________________]

VERIFIED PETITION FOR ESTABLISHMENT OF PATERNITY / PARENTAGE

(C.G.S. § 46b-160 et seq.; Connecticut Parentage Act)

Petitioner, by and through undersigned counsel (or pro se), respectfully states:

1. Parties and Standing

1.1 Petitioner [PETITIONER FULL LEGAL NAME] resides at [________________________________], [____________________], Connecticut, in the Judicial District of [____________________].

1.2 Respondent [RESPONDENT FULL LEGAL NAME] resides at [________________________________].

1.3 Petitioner is the (☐ mother) (☐ expectant mother) (☐ child by next friend) (☐ alleged genetic father proceeding under C.G.S. § 46b-172a) (☐ State/Commissioner of Social Services per C.G.S. § 46b-162) (☐ intended parent under the Connecticut Parentage Act).

2. Jurisdiction and Venue

2.1 The Court has subject matter jurisdiction under C.G.S. § 46b-160 (or, for non-genetic parents, the Connecticut Parentage Act).

2.2 Venue is proper in this judicial district under C.G.S. § 46b-160(a)(2) because [☐ Petitioner resides in this judicial district] [☐ Respondent resides in this judicial district].

2.3 The Court has personal jurisdiction over Respondent under C.G.S. § 46b-160(c) based on [☐ personal service in Connecticut] [☐ residence in Connecticut at relevant times with prenatal/birth support, cohabitation with the child, holding out, or payment of support].

3. Subject Child

3.1 The subject child is [CHILD FULL LEGAL NAME], born [__/__/____] in [____________________], (☐ Connecticut) (☐ State of [____]). Sex: [____]. State file number: [____________________].

3.2 The child resides with [____________________] at [________________________________].

4. Marital Status / Presumption

4.1 At the time of conception and birth, Petitioner was (☐ unmarried) (☐ married to Respondent) (☐ married to [____________________], a presumed parent whose denial of parentage is required or joinder is sought).

4.2 The child was (☐ born to / conceived by) the mother out of lawful wedlock, including (☐ N/A) (☐ born to a married woman but begotten by a man other than her husband) within the meaning of C.G.S. § 46b-160(a)(1)(A).

5. Acknowledgment of Parentage Status (C.G.S. § 46b-172)

5.1 An Acknowledgment of Parentage / Paternity (☐ has) (☐ has not) been executed and filed with DPH Vital Records.

5.2 If filed: signature date [__/__/____]; rescission window under § 46b-172 (☐ open) (☐ expired).

6. Allegations Supporting Parentage

6.1 Petitioner alleges that Respondent is the biological father of the subject child based on:
☐ Sexual intercourse during the probable period of conception, on or about [__/__/____] through [__/__/____];
☐ Holding-out conduct;
☐ Prior admissions of paternity;
☐ Assisted reproduction (with intended-parent allegations under the Connecticut Parentage Act);
☐ Other: [____________________].

7. Public Assistance / IV-D

7.1 The child (☐ is) (☐ is not) receiving public assistance (TANF, HUSKY/Medicaid). The Attorney General (☐ has been) (☐ will be) served as required by C.G.S. § 46b-160(a)(1)(B).

8. ICWA

8.1 The child (☐ is not) (☐ is) (☐ may be) an Indian child under 25 U.S.C. § 1903. Tribe(s): [________________________________].

9. Relief Requested

WHEREFORE, Petitioner requests that the Court:

A. Adjudicate Respondent [RESPONDENT FULL LEGAL NAME] to be the legal father / parent of [CHILD FULL LEGAL NAME];

B. Order genetic testing under C.G.S. § 46b-168 if parentage is contested;

C. Direct the Department of Public Health to amend the child's Birth Certificate under C.G.S. § 7-50;

D. Order current child support under the Connecticut Child Support and Arrearage Guidelines (Reg. § 46b-215a);

E. Order retroactive child support for the three years preceding filing under C.G.S. § 46b-160(a)(1)(A);

F. Allocate health insurance and uninsured/unreimbursed medical expenses;

G. Award reasonable expenses of pregnancy, childbirth, and necessary support;

H. Address custody and parenting time consistent with the child's best interest;

I. Award costs and attorney fees;

J. Grant such other relief as is just and equitable.

ANSWER FORM / APPLICATION FOR APPOINTMENT OF COUNSEL

In accordance with C.G.S. § 46b-160(a)(3)(A), this Petition includes an answer form, notice, and application for appointment of counsel for the putative father.

VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being duly sworn, depose and state that I have read the foregoing Petition and that the statements therein are true and correct to the best of my knowledge.

_________________________________
[PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me this [____] day of [____________________], [______].

_________________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]

Submitted by:
_________________________________
[ATTORNEY NAME], Juris No. [____________________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Petitioner

Part 3. Acknowledgment of Parentage / Paternity — Reference Copy

CONNECTICUT ACKNOWLEDGMENT OF PARENTAGE (HISTORIC: PA-1) — REFERENCE COPY

Child Information
Full name: [________________________________]
DOB: [__/__/____] | Place of birth: [____________________] | Sex: [____]
State file number: [____________________]

Birth Parent
Full legal name: [________________________________]
DOB: [__/__/____] | SSN: [____-____-____]
Address: [________________________________]

Acknowledging Parent
Full legal name: [________________________________]
DOB: [__/__/____] | SSN: [____-____-____]
Address: [________________________________]

Statement of Birth Parent
I declare under penalty of false statement that I am the birth parent of the child named above, that the acknowledging parent is the genetic / intended parent of the child, and that I voluntarily acknowledge this person as the second legal parent.

_________________________________ Date: [__/__/____]
Birth Parent Signature

Statement of Acknowledging Parent
I declare under penalty of false statement that I am the genetic / intended parent of the child named above, that I have received the Statement of Rights and Responsibilities below, and that I voluntarily acknowledge parentage.

_________________________________ Date: [__/__/____]
Acknowledging Parent Signature

Notary / Acknowledgment
Subscribed and sworn to before me this [____] day of [____________________], [______].

_________________________________
Notary Public / Commissioner of the Superior Court | Commission Expires: [__/__/____]

Statement of Rights and Responsibilities (C.G.S. § 46b-172; 42 U.S.C. § 666(a)(5))

☐ A signed and filed Acknowledgment of Parentage has the legal effect of a judgment of parentage;
☐ Each signatory has the right to genetic testing before signing;
☐ Each signatory has the right to consult an attorney before signing;
☐ Either signatory may rescind the acknowledgment by filing a Rescission within the earlier of (a) 60 days of signing or (b) the date of the first administrative or judicial proceeding addressing the child;
☐ After the rescission window, the acknowledgment may be challenged only on grounds of fraud, duress, or material mistake of fact, and only within applicable limitations;
☐ Acknowledgment creates duties of child support and grants inheritance rights;
☐ Acknowledgment authorizes addition of the acknowledged parent to the child's birth certificate by DPH Vital Records.

Part 4. Summons, Notice, and Service

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
Docket No. FA-[__________________]

SUMMONS / ORDER TO APPEAR

TO: [RESPONDENT FULL LEGAL NAME]

You are hereby summoned and ordered to appear in the Superior Court for the Judicial District of [____________________], located at [________________________________], on [__/__/____] at [____:____] [☐ a.m.] [☐ p.m.] to show cause why the relief requested in the attached Verified Petition for Establishment of Paternity / Parentage should not be granted.

You have the right to file an Answer using the attached Answer Form within the time required by Practice Book § 10-8.

NOTICE OF RIGHT TO COUNSEL: If you are an indigent putative father, you have the right to apply for appointed counsel. An Application for Appointment of Counsel is enclosed.

NOTICE OF RIGHT TO GENETIC TESTING: You have the right to request genetic testing under C.G.S. § 46b-168.

If you fail to appear, judgment by default may be entered against you adjudicating you the legal father of the child and entering an order of child support and related relief (C.G.S. § 46b-160(a)(4)).

Date: [__/__/____]

_________________________________
Judge / Family Support Magistrate / Clerk / Commissioner of the Superior Court

RETURN OF SERVICE

I, [____________________], a State Marshal / proper officer / investigator employed by the Department of Social Services per C.G.S. § 46b-160(a)(3)(B), certify that I served Respondent [RESPONDENT FULL LEGAL NAME] with a true copy of the Verified Petition, Summons, Answer Form, Notice of Rights, and Application for Counsel on [__/__/____] by:

☐ Personal service per Practice Book § 8-1 / C.G.S. § 52-57
☐ Abode service per C.G.S. § 52-57(a) at [________________________________]
☐ Service on the Secretary of State per C.G.S. § 52-59b (non-resident)
☐ Service by publication per Practice Book § 11-20 (order entered [__/__/____])

In IV-D cases, copy served on the Office of the Attorney General per C.G.S. § 46b-160(a)(1)(B): ☐ Yes ☐ N/A

_________________________________
State Marshal / Proper Officer | Date: [__/__/____]

Part 5. Motion for Genetic Testing and Proposed Order

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
Docket No. FA-[__________________]

MOTION FOR GENETIC TESTING

Movant, pursuant to C.G.S. § 46b-168 and § 46b-168a, moves the Court (or Family Support Magistrate) for an Order directing Petitioner, Respondent, and the subject child to submit to genetic testing. In support:

1. The Petition alleges Respondent is the biological father of [CHILD FULL LEGAL NAME], born [__/__/____].

2. Parentage is in dispute (or testing is necessary to support or rebut the allegations).

3. Genetic test results showing a 99% or greater probability of paternity constitute clear and convincing evidence and support entry of a temporary support order under C.G.S. § 46b-160(a)(4) pending final judgment.

4. Costs of testing under C.G.S. § 46b-168 (as amended by P.A. 97-7) are advanced by the moving party (or paid by the State if the moving party is indigent).

WHEREFORE, Movant requests entry of the attached [Proposed] Order.

Date: [__/__/____]

_________________________________
[MOVANT/COUNSEL NAME], Juris No. [____________________]

[PROPOSED] ORDER FOR GENETIC TESTING

Based on the Motion, and applying C.G.S. § 46b-168, the Court / Family Support Magistrate FINDS good cause and ORDERS:

1. Petitioner [PETITIONER FULL LEGAL NAME], Respondent [RESPONDENT FULL LEGAL NAME], and child [CHILD FULL LEGAL NAME] shall submit to genetic testing within thirty (30) days.

2. Testing shall be conducted by [____________________], an AABB-accredited laboratory.

3. Sample collection appointments shall be scheduled at: [____________________].

4. Costs of testing shall (☐ be advanced by Movant) (☐ be paid by the State because the moving party is indigent) (☐ be allocated as follows: ____________________), subject to recoupment under C.G.S. § 46b-168.

5. The laboratory shall file the verified report with the Court and serve copies on all parties.

6. Failure of Respondent to submit to testing without good cause may result in entry of default judgment and adjudication of paternity (C.G.S. § 46b-160(a)(4)).

DATED this [____] day of [____________________], [______].

_________________________________
Judge / Family Support Magistrate

Part 6. Default Judgment of Paternity

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
Docket No. FA-[__________________]

DEFAULT JUDGMENT OF PATERNITY

This matter came before the Court / Family Support Magistrate on Petitioner's motion for default judgment. Respondent [RESPONDENT FULL LEGAL NAME], having been duly served on [__/__/____], failed to appear.

Under C.G.S. § 46b-160(a)(4), where the putative father fails to appear, the Court (a) shall hear the petitioner; (b) upon finding service was perfected, may enter a default judgment of paternity; and (c) where the mother continues constant in her accusation, that accusation is evidence the respondent is the father of the child.

The Court, having reviewed the record, including proof of service, the testimony of Petitioner, and (if applicable) genetic test results indicating a probability of paternity of 99% or greater, FINDS:

1. Service was properly perfected on [__/__/____].
2. Respondent has failed to appear.
3. Petitioner is constant in her accusation.
4. Clear and convincing evidence supports entry of paternity judgment.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. Respondent [RESPONDENT FULL LEGAL NAME] is adjudicated the legal father of [CHILD FULL LEGAL NAME], born [__/__/____].

B. Respondent shall pay current child support of $[____________________] per [☐ week] [☐ month] effective [__/__/____], computed under Reg. § 46b-215a (Connecticut Child Support and Arrearage Guidelines).

C. Retroactive support from [__/__/____] (no more than three years prior to filing per C.G.S. § 46b-160(a)(1)(A)) is awarded in the amount of $[____________________], payable at $[____________________] per [☐ week] [☐ month].

D. Respondent shall (☐ provide) (☐ contribute to) health insurance; uninsured medical allocated [____]% Respondent / [____]% Petitioner.

E. The Department of Public Health is directed to amend the child's Birth Certificate under C.G.S. § 7-50 to name Respondent as the father.

F. Costs of $[____________________] are taxed against Respondent.

DATED this [____] day of [____________________], [______].

_________________________________
Judge / Family Support Magistrate

Part 7. Final Order / Judgment of Parentage (with Child Support Reservation)

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
Docket No. FA-[__________________]

FINAL JUDGMENT OF PATERNITY / PARENTAGE

The Court / Family Support Magistrate, having held a hearing on [__/__/____], heard testimony, reviewed the evidence (including any genetic test results), and being fully advised, FINDS:

1. Jurisdiction and venue are proper under C.G.S. Chapter 815y.

2. [CHILD FULL LEGAL NAME], born [__/__/____], is the child of Petitioner [PETITIONER FULL LEGAL NAME] and Respondent [RESPONDENT FULL LEGAL NAME].

3. Parentage is established by (☐ stipulation) (☐ genetic test result of [____]% probability dated [__/__/____]) (☐ unrescinded Acknowledgment of Parentage) (☐ unrebutted presumption).

4. ICWA inquiry was conducted; the child (☐ is not) (☐ is) an Indian child.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. Parentage. Respondent is the legal father / parent of the child for all purposes under Connecticut law.

B. Birth Certificate. The Department of Public Health is directed under C.G.S. § 7-50 to amend the Birth Certificate to add Respondent as a parent. The child's name (☐ shall remain) (☐ shall change to ____________________).

C. Child Support.

1. Current: $[____________________] per [☐ week] [☐ month] from [__/__/____];
2. Retroactive (up to 3 years pre-filing): $[____________________] from [__/__/____];
3. Wage withholding under C.G.S. § 52-362;
4. Health insurance and uninsured medical: [________________________________];
5. ☐ Child support is RESERVED for [____________________] pending [____________________].

D. Custody and Parenting Time. Custody is awarded to [____________________]. Parenting time per attached schedule.

E. Birth and Lying-In Expenses. Respondent shall pay $[____________________] under C.G.S. § 46b-171.

F. Tax Dependency. Allocated as follows: [____________________].

G. Costs and Fees. [____________________] is awarded $[____________________] in attorney fees and $[____________________] in costs.

H. Reservation. The Court retains jurisdiction.

DATED this [____] day of [____________________], [______].

_________________________________
Judge / Family Support Magistrate

Part 8. Notice to Amend Birth Certificate

TO: Connecticut Department of Public Health — State Vital Records Office
410 Capitol Avenue, MS#11VRO, Hartford, CT 06134

NOTICE AND REQUEST TO AMEND BIRTH CERTIFICATE

Pursuant to C.G.S. § 7-50 and the Final Judgment of Paternity / Parentage entered in the Superior Court for the Judicial District of [____________________], Docket No. FA-[__________________], dated [__/__/____] (certified copy attached), the undersigned requests amendment of the following birth record:

Child's name on current certificate: [________________________________]
DOB: [__/__/____] | Place of birth (city/town): [____________________]
State file number: [____________________]

Amendments Requested
☐ Add parent: [PARENT FULL LEGAL NAME]

• DOB: [__/__/____]
• Birthplace: [____________________]
  ☐ Change child's surname to: [____________________]
  ☐ Other: [________________________________]

Enclosures
☐ Certified copy of Final Judgment
☐ DPH Vital Records amendment fee
☐ Self-addressed stamped return envelope

Date: [__/__/____]
_________________________________
Requesting Party
Printed Name: [________________________________]
Address: [________________________________] | Phone: [____________________]

Part 9. Petition to Rescind / Challenge Acknowledgment of Paternity / Parentage

STATE OF CONNECTICUT
SUPERIOR COURT — JUDICIAL DISTRICT OF [____________________]
Docket No. FA-[__________________]

PETITION TO RESCIND / CHALLENGE ACKNOWLEDGMENT OF PARENTAGE

Petitioner, pursuant to C.G.S. § 46b-172 and 42 U.S.C. § 666(a)(5)(D), alleges:

1. An Acknowledgment of Parentage (or historically Acknowledgment of Paternity / PA-1) was executed by Petitioner and [____________________] on [__/__/____] and filed with DPH Vital Records on [__/__/____].

2. The acknowledgment identified [____________________] as a parent of [CHILD FULL LEGAL NAME] (born [__/__/____]).

3. Rescission Within 60 Days (C.G.S. § 46b-172(a)(2)):
   ☐ Fewer than 60 days have passed since execution and no judicial or administrative proceeding regarding the child has commenced. Petitioner exercises the right to rescind.

4. Post-60-Day Challenge (C.G.S. § 46b-172(a)(2)):
   ☐ More than 60 days have passed. Petitioner challenges the acknowledgment on grounds of:
   ☐ Fraud: [________________________________]
   ☐ Duress: [________________________________]
   ☐ Material mistake of fact: [________________________________]

5. Genetic testing (☐ confirms exclusion) (☐ is requested under C.G.S. § 46b-168).

WHEREFORE, Petitioner requests:
A. Order rescinding / setting aside the Acknowledgment;
B. Order directing DPH Vital Records to amend the birth certificate to remove the acknowledged parent;
C. Order for genetic testing if needed;
D. Reservation of past child support issues;
E. Such other relief as is just.

I declare under penalty of false statement that the foregoing is true to the best of my knowledge.

Date: [__/__/____]

_________________________________
[PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me this [____] day of [____________________], [______].

_________________________________
Notary Public / Commissioner of the Superior Court

Part 10. ICWA Inquiry and Notice

INDIAN CHILD WELFARE ACT INQUIRY (25 U.S.C. § 1901 et seq.)

1. Is the child a member or eligible for membership in a federally recognized tribe?
   ☐ Yes ☐ No ☐ Unknown

2. Is a biological parent a member of a federally recognized tribe (e.g., Mashantucket Pequot, Mohegan)?
   ☐ Yes ☐ No ☐ Unknown

3. Tribe(s) and enrollment number(s): [________________________________]

4. Names/tribal affiliations of biological grandparents/great-grandparents (if known): [________________________________]

Notice (25 U.S.C. § 1912): If ICWA applies, notice must be given by registered or certified mail, return receipt requested, to the parent or Indian custodian and to the child's tribe, with copies to the BIA Eastern Regional Office.

Tribal Right to Intervene (25 U.S.C. § 1911(c)): The tribe may intervene at any point.

_________________________________
[ATTORNEY/PETITIONER NAME] | Date: [__/__/____]

Sources and References

• Connecticut General Statutes Chapter 815y (Paternity Matters): https://www.cga.ct.gov/current/pub/chap_815y.htm
• C.G.S. § 46b-160 (Petition to establish paternity): https://law.justia.com/codes/connecticut/2019/title-46b/chapter-815y/section-46b-160/
• C.G.S. § 46b-168 (Genetic testing): see CGA OLR Report 97-R-0478
• C.G.S. § 46b-172 (Acknowledgment of paternity/parentage; rescission)
• Connecticut Parentage Act, P.A. 21-15 (effective January 1, 2022)
• Connecticut Department of Public Health, Office of Vital Records — Parentage: https://portal.ct.gov/DPH/Vital-Records/Parentage
• Connecticut DSS Child Support — https://portal.ct.gov/DSS/Child-Support/Child-Support
• Connecticut Judicial Branch Family Matters Forms: https://jud.ct.gov/webforms/
• 25 U.S.C. §§ 1901–1963 (ICWA); 42 U.S.C. § 666(a)(5)
• Lavertue v. Niman, 196 Conn. 403 (1985) (right to counsel in paternity action)