Judge to hear birth certificate 2009
Whenever service of process is required in an action brought under this chapter to determine the existence or nonexistence of the paternal relationship, it may be made pursuant to Rule 4 of N. Added to NRS by , ; A , ; , ; , The court shall endeavor to resolve the issues raised in an action pursuant to this chapter by an informal hearing. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a master or referee.
The public shall be barred from the hearing. A record of the proceeding or any portion thereof must be kept if any party requests or the court orders.
County Clerk | Ellis County, TX Official Website
Strict rules of evidence need not be observed, but those prescribed in NRS B. Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.
The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter.
Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories. If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.
The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories. In all cases, the court shall determine the number and qualifications of the experts and laboratories. On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child.
On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father. If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly. If a party refuses to accept a recommendation made under subsection 1 and blood tests or tests for genetic identification have not been taken, the court shall require the parties to submit to blood tests or tests for genetic identification, if practicable.
Thereafter the judge, master or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial. The guardian ad litem may accept or refuse to accept a recommendation under this section. The pretrial hearing may be terminated and the action set for trial if the judge, master or referee conducting the hearing finds unlikely that all parties would accept a recommendation he or she might make under subsection 1 or 3. After an action is set for trial pursuant to NRS An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure.
The mother of the child and the alleged father are competent to testify and may be compelled to testify.
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Subsections 3 and 4 of NRS A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes. A court that enters such a judgment or order shall ensure that the social security numbers of the mother and father are:.
Added to NRS by , ; A , ; , ; , ; , ; , , ; , ; , ; , A court that, on or after October 1, , issues an order in this State establishing the paternity of a child shall:.
Within 10 days after a court of this State issues an order establishing the paternity of a child, each party to the cause of action shall file with the court that issued the order and with the Division of Welfare and Supportive Services:. The Division of Welfare and Supportive Services shall adopt regulations specifying the particular information required to be provided pursuant to subsection 1 to carry out the provisions of 42 U.
The court may order the proportion of any indigent party to be paid by the county. In no event may the State be assessed any costs when it is a party to an action to determine parentage. If the parent and child relationship has been established, the obligation of a parent may be enforced in the same or independent proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral, or by any other person, including a private agency, to the extent he or she has furnished or is furnishing these expenses.
The court may order support payments to be made to the custodial parent or a person or public agency designated to administer them for the benefit of the child under the supervision of the court. Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply. Except as otherwise provided in NRS B. If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:.
The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and. At the pretrial hearing and in further proceedings, any party may be represented by counsel. If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.
Any hearing or trial held under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the Division of Welfare and Supportive Services of the Department of Health and Human Services or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.
Upon order of a court of this state or, except as otherwise provided in NRS If a man who is alleged to be the father of a child in an action brought pursuant to this chapter fails to plead or otherwise defend against the action as provided in the Nevada Rules of Civil Procedure, the clerk of the court shall enter his default upon a showing of proof of service of process and any other showing required pursuant to the Nevada Rules of Civil Procedure.
Any interested party may bring an action to determine the existence of a mother and child relationship.
Insofar as practicable, the provisions of this chapter applicable to the father and child relationship apply to that action. Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment. This fee may not be assessed against:. If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee.
If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month. The complaint must be in writing and verified by oath or affirmation of the complainant. If the defendant fails to appear, the court may proceed as if the defendant were present and hear the complaint. The court shall require the plaintiff to establish the facts, and shall give full and careful consideration to all evidence presented and the rights and claims of the plaintiff, defendant and children, and the best interests of the child or children involved.
The court shall, upon its own findings or the verdict of the jury, make such orders as it would make if the defendant were present. In case of the death of the defendant, the action to compel support may be prosecuted against the personal representatives of the deceased with like effect as if the defendant were living, subject as regards the measure of support to the provisions of this chapter.
No personal representative may be required to post a bond. The court may require the payments to be made to the custodial parent, a public agency or a person designated by the court as trustee. If the Division of Welfare and Supportive Services of the Department of Health and Human Services has provided money for the support of the child, the court shall direct that payment be made to the Division as provided for in NRS Except as otherwise provided in subsection 1 of NRS The trustee shall report to the court annually, or more often, as directed by the court, the amounts received and paid over.
As used in NRS The term includes, without limitation:. The term includes:. Nuclear deoxyribonucleic acid from one human being combined with the cytoplasm, including, without limitation, cytoplasmic deoxyribonucleic acid, of another human being. To attach to or logically associate with the record an electronic symbol, sound or process. Except as otherwise provided by any other provision of law, unless parental rights are terminated, a parent and child relationship established under NRS We recommend that you reach out to the county clerk where your first adoption was finalized in California.
The county clerk may be able to access information about your birth father in your adoption records and potentially your original birth certificate, as well. Supposedly my dad adopted me when I was young and I do have his last name. Hi, Tabatha — Do you know in which county your adoption may have been finalized?
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I am an adoptee looking to obtain my original birth certificate from Washington DC. They can help you access your original birth certificate there. Keep in mind that the process of accessing your original birth certificate varies by state and sometimes even by county. If you cannot obtain your birth certificate in Virginia, you may need to petition the county in which you were born for the original birth certificate.
Again, please contact the county clerk for more information on how you can open those records. Hello my name is Pearline.
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I was adopted in Virginia but live in California. How do I petition the court in Virginia. Both my biblical parents and adopted parents have passed away. Can I do this on line. Pearline is my birth name. I took back my birth name.