Governor thumbs down DNA testing bill for child support

Gov. Juan N. Babauta has vetoed the measure that would make DNA testing an option in child support cases due to the high cost of DNA tests and because no money was set aside for this purpose under the proposal.

At the same time, Senate Bill 14-11 would duplicate an existing section in the Uniform Parentage Act, Babauta said in his transmittal letter to Saipan and Northern Island Legislative Delegation chair Pete Reyes and House Speaker Benigno R. Fitial.

“This is to inform you that I have disapproved [S.B. 14-11] which was passed by the 14th Legislature. Although the intent of the measure is commendable, it will duplicate an already existing section of the Uniform Parentage Act,” he said.

Also, Babauta said the findings and purpose of the measure may be interpreted in a manner that prevents adopted children from petitioning the court for child support from their natural parent, putting it in conflict with 8 CMC § 1412(a)(2).

“In addition, the bill does not specifically amend either 8 CMC § 1711 or 8 CMC § 1412(a). Accordingly, if enacted into law, such provisions would not repeal the existing statutes by implication, thus forcing the courts to harmonize the conflicting statutes through judicial interpretation,” he explained.

The governor said as noted in comments received from the Office of the Public Defender, the average local cost of DNA testing exceeds $500 and the bill in its present form does not address who will be responsible for paying such expensive costs.

“For the foregoing reasons, I am returning this bill as disapproved,” he said.

The measure, transmitted to the Governor’s Office on Apr. 5, 2004, seeks to ensure that only the biological parent can be ordered to pay for child support. It requires the court to advise the purported parent about the option to get DNA test to scientifically determine parental relationship to the child.

The bill would also authorize the Superior Court to adopt rules setting the guidelines in its Family Court division in determining child support awards. The guidelines shall reflect the priority of the duty to support children over the other financial obligations of parents and the duty of all non-custodial parents to financially contribute to the support of their children.

The legislation further provides that no person who is the purported natural parent of a child may be ordered to pay child support before the person is advised by the court of the option to undergo DNA testing. The person is given 48 hours to decide and notify the court about his or her decision.

If test result shows that the person is not the biological parent then the cost of the DNA test will be shouldered by the petitioner.

Earlier, the Senate Committee on Health, Education and Welfare said that SB 14-11 offers protection against abuse on the child support system.