(1) Paternity may be determined upon the complaint of the mother, putative father,
child, person, or agency substantially contributing to the support of the child. The
action shall be brought by the county attorney or by the Office of the Attorney
General or its designee upon the request of complainant authorized by this section.
(2) Paternity may be determined by the District Court when the mother and father of
the child, either:
(a) Submit affidavits in which the mother states the name and Social Security
number of the child's father and the father admits paternity of the child; or
(b) Give testimony before the District Court in which the mother states the name
and Social Security number of the child's father and the father admits
paternity of the child.
(3) If paternity has been determined or has been acknowledged according to the laws of
this state, the liabilities of the noncustodial parent may be enforced in the same or
other proceedings by the mother, child, person, or agency substantially contributing
to the cost of pregnancy, confinement, education, necessary support, or funeral
expenses. Bills for testing, pregnancy, and childbirth without requiring third party
foundation testimony shall be regarded as prima facie evidence of the amount
incurred. An action to enforce the liabilities of the noncustodial parent shall be
brought by the county attorney upon the request of such complainant authorized by
this section. An action to enforce the liabilities of the cost of pregnancy, birthing
costs, child support, and medical support shall be brought by the county attorney or
by the Office of the Attorney General or its designee.
(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046 shall create a
rebuttable presumption of paternity.
(5) Upon a showing of service of process on the defendant and if the defendant has
made no pleading to the court or has not moved to enter evidence pursuant to KRS
406.091, the court shall order paternity to be established by default.
Effective: July 1, 2025
History: Amended 2025 Ky. Acts ch. 59, sec. 16, effective July 1, 2025. -- Amended
2005 Ky. Acts ch. 99, sec. 636, effective June 20, 2005; and ch. 149, sec. 2, effective
June 20, 2005. -- Amended 1998 Ky. Acts ch. 255, sec. 26, effective July 15, 1998;
and ch. 426, sec. 587, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 330,
sec. 17, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 272, sec. 1, effective
July 13, 1990. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 410,
effective January 2, 1978. -- Amended 1972 Ky. Acts ch. 159, sec. 2. -- Amended
1968 Ky. Acts ch. 200, sec. 11. -- Created 1964 Ky. Acts ch. 37, sec. 2.
Notes of Decisions
Cited in
28
cases (
1 in the last 5 years), 1974–2022 · leading case:
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
· cites it 18× “Despite the fact that KRS 406.021 states that a paternity complaint may be filed by a "putative father," [7] a term not defined in KRS Chapter 406, the instant case is not an action "under this chapter"; and KRS 406.”
J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011).
· cites it 11× “051, KRS 406.021, and KRS 406.180 as the statutes that govern subject matter jurisdiction and standing in paternity cases.”
Kuprion v. Fitzgerald, 888 S.W.2d 679 (Ky. 1994).
· cites it 2× “110-130; KRS 406.021 and KRS 406.140. We must agree that a district judge in his capacity as district judge has no jurisdiction to hear a dissolution case.”
Commonwealth Ex Rel. Lepard v. Young, 666 S.W.2d 735 (Ky. 1983).
· cites it 5× “[*] The movant in each case commenced these proceedings by filing a complaint under KRS 406.021(1) in the Jefferson District Court.”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007).
· cites it 2× “Thus, the circuit court lacked jurisdiction to render a paternity judgment— the practical result of denying Boone and Melinda the right to seek a judgment of paternity for the Ballinger girls.”
Uninsured Employers' Fund v. Bradley, 244 S.W.3d 741 (Ky. Ct. App. 2007).
· cites it 5× “The UEF also argued that the estate had not properly filed its complaint under KRS 406.021, which provides that a paternity action be filed by either the county attorney or the Cabinet for Health and Family Services.”
Commonwealth ex rel. Stumbo v. Wilson, 622 S.W.2d 912 (Ky. 1981).
· cites it 3× “406), more specifically KRS 406.021, the Department has made written complaints to the District Court of Estill County requesting a determination of the paternity of such children.”
Davis-Johnson ex rel. Davis v. Parmelee, 18 S.W.3d 347 (Ky. Ct. App. 1999).
· cites it 3× “As this Court observed: Even though the appellants tried to manipulate the different courts, they were unsuccessful because the courts involved realized that even though the Uniform Paternity Act (KRS 406.021) vests district court with exclusive jurisdiction to determine…”
Posey v. Powell, 965 S.W.2d 836 (Ky. Ct. App. 1998).
· cites it 2× “as their proof did not conform to that required by KRS 406.021, the Uniform Paternity Act. This statute, as noted in Sumner v.”
Alexander v. Commonwealth ex rel. Mills, 708 S.W.2d 102 (Ky. Ct. App. 1986).
· cites it 2× “-031, which establishes a four-year statute of limitations in paternity actions pursuant to KRS 406.021(1), is unconstitutional as failing to afford equal protection to illegitimate children.”
Ipock v. Ipock, 403 S.W.3d 580 (Ky. Ct. App. 2013).
“KRS 406.021(4) further states that such an acknowledgment creates a rebuttable presumption of the man’s paternity.”
— Ky. Rev. Stat. § 406.021(1) — 14 cases
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
“Despite the fact that KRS 406.021 states that a paternity complaint may be filed by a "putative father," [7] a term not defined in KRS Chapter 406, the instant case is not an action "under this chapter"; and KRS 406.”
Commonwealth Ex Rel. Lepard v. Young, 666 S.W.2d 735 (Ky. 1983).
“[*] The movant in each case commenced these proceedings by filing a complaint under KRS 406.021(1) in the Jefferson District Court.”
Boone v. Ballinger, 228 S.W.3d 1 (Ky. Ct. App. 2007).
“Thus, the circuit court lacked jurisdiction to render a paternity judgment— the practical result of denying Boone and Melinda the right to seek a judgment of paternity for the Ballinger girls.”
Alexander v. Commonwealth ex rel. Mills, 708 S.W.2d 102 (Ky. Ct. App. 1986).
“-031, which establishes a four-year statute of limitations in paternity actions pursuant to KRS 406.021(1), is unconstitutional as failing to afford equal protection to illegitimate children.”
— Ky. Rev. Stat. § 406.021(2) — 3 cases
Commonwealth Ex Rel. Lepard v. Young, 666 S.W.2d 735 (Ky. 1983).
“[*] The movant in each case commenced these proceedings by filing a complaint under KRS 406.021(1) in the Jefferson District Court.”
— Ky. Rev. Stat. § 406.021(3) — 1 case
— Ky. Rev. Stat. § 406.021(4) — 3 cases
Ipock v. Ipock, 403 S.W.3d 580 (Ky. Ct. App. 2013).
“KRS 406.021(4) further states that such an acknowledgment creates a rebuttable presumption of the man’s paternity.”
— Ky. Rev. Stat. § 406.021(6) — 1 case
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