Section 210.828

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 28 Aug 2009   

  210.828.  Statute of limitations, exception — notification form required, when. — 1.  An action to determine the existence of the father and child relationship as to a child who has no presumed father under section 210.822 may not be brought later than eighteen years after the birth of the child, except that an action to determine the existence of the father and child relationship as to a child who has no presumed father under the provisions of section 210.822 may be brought by the child within three years after such child attains the age of eighteen.

  2.  A parent's retroactive liability to another party for reimbursement of necessary support provided by that party to the child for whom a parent and child relationship is established under sections 210.817 to 210.852 is limited to a period of five years next preceding the commencement of the action.

  3.  Sections 210.826 and 210.828 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.

  4.  In an action to determine the existence of the father and child relationship under this section, a notification form, as specified in this subsection, shall be attached to the delivery of the petition through service of process.  The notification form shall prominently state in boldface type as follows:  "Important Notice.  If you do not respond to this action, a judgment of paternity may be entered against you and you may be ordered to pay child support, medical support or reimburse someone for support previously provided for the child.  You have the right to contest that you are the father of the named child and you have the right to request genetic testing to prove whether or not you are the father.".

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(L. 1987 S.B. 328 § 7, A.L. 1993 S.B. 253, A.L. 2009 S.B. 141)

(1996) Illegitimate child may prove paternity during probate pursuant to section 473.070 even if this statute of limitations has run.  In the Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc).