Alaska Statutes
Alaska Stat. § 25.27.040 (2026)
Determination of paternity
✓ current as of July 2026
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Sec. 25.27.040. Determination of paternity.
(a) The agency may appear on behalf of minor children or their mother or legal custodian or the state and initiate efforts to have the paternity of children born out of wedlock determined by the court. When the agency is a party to a court action in which paternity is contested, it shall request and pay for genetic testing and procedures under AS 25.20.050(e) and may recover the costs of the testing as provided in AS 25.20.050(f).
(b) The agency may not attempt to establish paternity in any case
(1) involving incest or forcible rape, unless the mother of the child is legally competent and requests the establishment of paternity; in this paragraph, “forcible rape” means sexual assault in the first degree under AS 11.41.410 or a conviction under a law or ordinance from another jurisdiction with similar elements; “forcible rape” includes adjudications of delinquency for acts with elements similar to AS 11.41.410;
(2) when legal proceedings for adoption are pending; or
(3) when it would not be in the best interests of the children or the state.
(c) When the agency is a party in a court action in which paternity is contested, the agency shall move for a default judgment in a case that meets the conditions specified in AS 25.20.050(g).
(a) The agency may appear on behalf of minor children or their mother or legal custodian or the state and initiate efforts to have the paternity of children born out of wedlock determined by the court. When the agency is a party to a court action in which paternity is contested, it shall request and pay for genetic testing and procedures under AS 25.20.050(e) and may recover the costs of the testing as provided in AS 25.20.050(f).
(b) The agency may not attempt to establish paternity in any case
(1) involving incest or forcible rape, unless the mother of the child is legally competent and requests the establishment of paternity; in this paragraph, “forcible rape” means sexual assault in the first degree under AS 11.41.410 or a conviction under a law or ordinance from another jurisdiction with similar elements; “forcible rape” includes adjudications of delinquency for acts with elements similar to AS 11.41.410;
(2) when legal proceedings for adoption are pending; or
(3) when it would not be in the best interests of the children or the state.
(c) When the agency is a party in a court action in which paternity is contested, the agency shall move for a default judgment in a case that meets the conditions specified in AS 25.20.050(g).
Notes of Decisions
Cited in 6
cases, 1994–1998 · leading case: State, Dep't of Revenue, Child Support Enf't Div. v. Wetherelt, 931 P.2d 383 (Alaska 1997).
State, Dep't of Revenue, Child Support Enf't Div. v. Wetherelt, 931 P.2d 383 (Alaska 1997). “” AS 25.27.040(a). Moreover, in such cases, CSED was not authorized to make the *389 determination of paternity administratively; it could only initiate such efforts in court.”
State, Dep't of Revenue, Child Support Enf't Div. v. Allsop, 902 P.2d 790 (Alaska 1995). “’” (Quoting former AS 25.27.040, amended by ch. 57, § 9, SLA 1995.”
Grober v. State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. C.J.W., 956 P.2d 1230 (Alaska 1998). “See AS 25.27.040. IV. CONCLUSION We AFFIRM the judgment below.”
State, Dep't of Revenue, Child Support Enf't Div. v. A.H., 880 P.2d 1048 (Alaska 1994). “was not bom “out-of-wedlock” for purposes of AS 25.27.040(a); therefore, CSED has no duty to pay for paternity testing.”
State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. Hawthorne v. Rios, 938 P.2d 1013 (Alaska 1997). “AS 25.27.040 authorizes CSED to initiate efforts to have the paternity of children bom out of wedlock determined by die court.”
State, Dep't of Revenue, Child Support Enf't Div. ex rel. Dew v. Superior Court, 907 P.2d 14 (Alaska 1995). “FACTS AND PROCEEDINGS On April 10, 1992, the State of Alaska, Department of Revenue, Child Support Enforcement Division, filed a paternity suit on behalf of a minor child against Adam Poston, pursuant to AS 25.27.040(a). 1 Poston, who was in the military, did not answer the…”
— Alaska Stat. § 25.27.040(a) — 5 cases
State, Dep't of Revenue, Child Support Enf't Div. v. Wetherelt, 931 P.2d 383 (Alaska 1997). “” AS 25.27.040(a). Moreover, in such cases, CSED was not authorized to make the *389 determination of paternity administratively; it could only initiate such efforts in court.”
State, Dep't of Revenue, Child Support Enf't Div. v. Allsop, 902 P.2d 790 (Alaska 1995). “’” (Quoting former AS 25.27.040, amended by ch. 57, § 9, SLA 1995.”
State, Dep't of Revenue, Child Support Enf't Div. v. A.H., 880 P.2d 1048 (Alaska 1994). “was not bom “out-of-wedlock” for purposes of AS 25.27.040(a); therefore, CSED has no duty to pay for paternity testing.”
Grober v. State, Dep't of Revenue, Child Support Enf't Div. Ex Rel. C.J.W., 956 P.2d 1230 (Alaska 1998). “See AS 25.27.040. IV. CONCLUSION We AFFIRM the judgment below.”
State, Dep't of Revenue, Child Support Enf't Div. ex rel. Dew v. Superior Court, 907 P.2d 14 (Alaska 1995). “FACTS AND PROCEEDINGS On April 10, 1992, the State of Alaska, Department of Revenue, Child Support Enforcement Division, filed a paternity suit on behalf of a minor child against Adam Poston, pursuant to AS 25.27.040(a). 1 Poston, who was in the military, did not answer the…”
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