Missouri Revised Statutes

Mo. Rev. Stat. § 454.485 (2026)

Paternity order, establishing

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  454.485.  Paternity order, establishing — entered when — genetic testing required when — docketing of order, result — copies to be sent to bureau of vital records of department of health and senior services — defense of nonpaternity — decision, how rendered. — 1.  The director may enter an order establishing paternity of a child in the course of a support proceeding pursuant to sections 454.460 to 454.510 when the man is presumed to be the child's father pursuant to section 210.822 or when both parents sign sworn statements that the paternity of the dependent child for whom support is sought has not been legally established and that the male parent is the father of the child.  For purposes of paternity establishment pursuant to this section, a sworn statement shall include a statement verified by a person authorized to take oaths pursuant to section 207.020 or section 454.465.

  2.  The director may enter an order requiring genetic testing in the course of an action to establish paternity pursuant to sections 454.460 to 454.510 or upon the request of a IV-D agency of another state that is seeking to establish paternity.  The order may require that the child, the mother or an alleged father submit to tests performed by an expert designated by the division to be qualified as an examiner of genetic markers present on blood cells and components, or other tissue or fluid.  Such an examiner shall be qualified to be an expert as defined in section 210.834, and shall be considered an expert pursuant to subdivision (5) of subsection 1 of section 210.822.  In addition to any other provisions for enforcement of the order, the order may be filed pursuant to section 454.490 and refusal to comply with the order shall constitute civil contempt.

  3.  The docketing, pursuant to section 454.490, of an order establishing paternity  pursuant to this section shall establish legal paternity for all purposes.  The division shall provide an additional copy of each administrative order to be docketed and the circuit clerk shall, upon docketing, forward such copy to the bureau of vital records of the department of health and senior services.  The bureau of vital records shall enter the name of the father on the birth records pursuant to sections 193.085 and 193.215 and shall record the Social Security account numbers of both parents, pursuant to section 193.075.

  4.  In no event shall a hearing official conducting a hearing pursuant to sections 454.460 to 454.510 be authorized to enter a finding of nonpaternity in the case of a man presumed to be the biological father of any child pursuant to Missouri law, or of the father of any child born out of wedlock who has acknowledged paternity in writing under oath or has acknowledged that he is responsible for the support, maintenance and education of such child, unless such presumption has been overruled, or such acknowledgment has been ruled void by a court of competent jurisdiction.

  5.  In an action contesting paternity, the director shall require genetic testing at the request of a party to such action if such request is supported by a sworn statement of such party which:

  (1)  Alleges paternity and sets forth facts establishing a reasonable possibility of sexual contact between the parties; or

  (2)  Denies paternity and sets forth facts establishing a reasonable possibility that there was no sexual contact between the parties.

  6.  The division shall pay the cost of any genetic test ordered pursuant to this section.  If the paternity of the alleged father is established, such father may be ordered to pay the cost of such tests.  If a genetic test is contested, the director shall not order additional genetic testing when requested by the person contesting the test unless such person pays in advance for such tests.

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(L. 1982 S.B. 468 § 17, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361)

Effective 7-01-97

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1992–2021 · leading case: Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010).
Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010). · cites it 4× “Indeed, section 454.485 expressly contemplates a circuit court’s review of an order docketed by the Division.”
In Interest of D____ L____ C____, 834 S.W.2d 760 (Mo. Ct. App. 1992). · cites it 2× “On March 30, 1988, Appellant signed a document acknowledging paternity of D______ and authorizing the Director of the Division of Child Support Enforcement ("DCSE") to establish paternity by administrative order per § 454.485, RSMo 1986. In April, 1988, J______ filed a habeas…”
McCubbin v. Taylor, 5 S.W.3d 202 (Mo. Ct. App. 1999). · cites it 2× “This consent administrative order was entered pursuant to section 454.485, 1 which permits the Director of the Division of Child Support Enforcement to “enter an order establishing paternity of a child in the course of a support proceeding.”
Tompkins v. Baker, 997 S.W.2d 84 (Mo. Ct. App. 1999). · cites it 2× “Although Father’s paternity had already been established in the administrative proceeding pursuant to § 454.485, RSMo 1994, Father apparently chose to present his custody and visitation issues under The Uniform Parentage Act because § 210.”
Smith v. Smith, 985 S.W.2d 829 (Mo. Ct. App. 1998). · cites it 2× “510 when the man is presumed to be the child’s father pursuant to section 210.822 _” Thus, the only issue to be decided by the court in DR88-4867 was whether Appellant was presumed to be the father under § 210.”
State ex rel. Div. of Fam. Servs. v. Isadore, 893 S.W.2d 872 (Mo. Ct. App. 1995). · cites it 2× “Pursuant thereto, on March 13, 1991, the Director of the Missouri Division of Child Support Enforcement entered a judgment and order of paternity declaring Isadore the father of the three children pursuant to § 454.485, RSMo Supp.1990. 1 On March 21, 1991, the judgment and order…”
D_ L. C v. Nelson, 834 S.W.2d 760 (Mo. Ct. App. 1992). · cites it 2× “On March 30, 1988, Appellant signed a document acknowledging paternity of D_ and authorizing the Director of the Division of Child Support Enforcement (“DCSE”) to establish paternity by administrative order per § 454.485, RSMo 1986. In April, 1988, J_ filed a habeas corpus…”
F.J.M. v. F.L.J., 637 S.W.3d 130 (Mo. Ct. App. 2021). · cites it 2× “4Section 454.485 provides the director may enter an order establishing paternity in a support proceeding when the man is presumed the father or when both parents sign sworn statements that paternity has not been legally established and that the man is the father of the child;…”
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