[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR309.100]

[Page 310]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
                 Subpart C_Tribal IV-D Plan Requirements
 
Sec. 309.100  What procedures for the establishment of paternity must 
a Tribe or Tribal organization include in a Tribal IV-D plan?

    (a) A Tribe or Tribal organization must include in its Tribal IV-D 
plan the procedures for the establishment of paternity included in this 
section. The Tribe must include in its Tribal IV-D plan procedures under 
which the Tribal IV-D agency will:
    (1) Attempt to establish paternity by the process established under 
Tribal law, code, and/or custom in accordance with this section;
    (2) Provide an alleged father the opportunity to voluntarily 
acknowledge paternity; and
    (3) In a contested paternity case (unless otherwise barred by Tribal 
law) require the child and all other parties to submit to genetic tests 
upon the request of any such party, if the request is supported by a 
sworn statement by the party--
    (i) Alleging paternity, and setting forth facts establishing a 
reasonable possibility of the requisite sexual contact between parties; 
or
    (ii) Denying paternity, and setting forth facts establishing a 
reasonable possibility of the nonexistence of sexual contact between the 
parties.
    (b) The Tribal IV-D agency need not attempt to establish paternity 
in any case involving incest or forcible rape, or in any case in which 
legal proceedings for adoption are pending, if, in the opinion of the 
Tribal IV-D agency, it would not be in the best interests of the child 
to establish paternity.
    (c) When genetic testing is used to establish paternity, the Tribal 
IV-D agency must identify and use accredited laboratories which perform, 
at reasonable cost, legally and medically-acceptable genetic tests which 
intend to identify the father or exclude the alleged father.
    (d) Establishment of paternity under this section has no effect on 
Tribal enrollment or membership.