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§ 427. Action for relief from obligation to support parent (a) An adult person may file in the division of the district court where his parent resides a verified complaint alleging that:

(1) while the plaintiff was a minor, he was abandoned by the parent, and the abandonment continued for a period of two or more years prior to the time the plaintiff reached the age of 18 years; and

(2) the parent, during the period provided for by paragraph (1) of this subsection, was physically and mentally able to support the plaintiff

and praying the court to free the plaintiff from the obligation otherwise imposed by law to support the parent.

(b) Upon the filing of a complaint under subsection (a) of this section, the clerk shall set it for hearing by the court, and issue a summons directed to the parent setting forth the time and place of the hearing. The summons and a copy of the complaint shall be personally served on the parent, in the same manner as that provided by law for the service of a summons in civil actions, at least five days before the time of hearing. If, upon the hearing, the court determines that the allegations in the complaint are true, it shall render a judgment granting the relief prayed for.

(c) A person released from the obligation to support a parent, as provided in this section, shall be deemed to be so released with respect to any law of the Canal Zone under which a child is required to pay for the support, care, maintenance, and the like, of a parent.

§ 428. Parent's liability for necessaries or support

(a) If a parent neglects to provide articles necessary for his child under his charge, according to his circumstances, a third person may in good faith supply them, and recover the reasonable value thereof from the parent.

(b) A parent is not bound to compensate the other parent or a relative for the voluntary support of his child, without an agreement for compensation.

(c) A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause. § 429. Wife's children by former marriage

A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and they are not liable to him for their support, nor he to them for their services.

§ 430. Compensation and support of adult child

Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.

§ 431. Penalty for abandonment or failure to support wife or child

A husband, or a parent, lawfully chargeable with the support or maintenance of the wife or child, who abandons, or willfully fails, without lawful excuse, to furnish support or maintenance to the wife or child, shall be fined not more than $100 or imprisoned in jail not more than 30 days or both.

Sec.

CHAPTER 15-ESTABLISHING PATERNITY

SUBCHAPTER I-PATERNITY PROCEEDINGS

461. Persons who may bring action; certificate where child unborn; nature of action.

462. Jurisdiction; complaint; procedure.

463. Jury trial.

464. Agreement or compromise.

465. Competency of mother to testify; dying declarations.

466. Judgment; payments.

467. Writ of execution on failure to make support payments.

468. Action when putative father has died; claim against estate when father dies.

SUBCHAPTER II-BLOOD TESTS TO DETERMINE PATERNITY

491. Authority for test.

492. Selection of experts.

493. Compensation of expert witnesses.

494. Effect of test results.

495. Applicability to criminal actions.

496. Uniformity of interpretation.

497. Short title.

Subchapter I-Paternity Proceedings

§ 461. Persons who may bring action; certificate where child unborn; nature of action

(a) An action pursuant to this subchapter may be brought by:

(1) a female resident of the Canal Zone who has delivered an illegitimate child or who is pregnant with a child which, if born alive, would be illegitimate; or

(2) an illegitimate child or, if the illegitimate child is a minor or otherwise incompetent, his next friend.

(b) An action for the support of a child still unborn may not be brought unless the mother files a certificate from an authorized physician specifying that she is pregnant.

(c) If the mother was married when the illegitimate child was conceived, but living separate and apart from her husband, an action for support of the illegitimate child may be brought in the manner provided by this subchapter.

(d) An action pursuant to this subchapter is in the nature of a civil action.

§ 462. Jurisdiction; complaint; procedure

(a) The district court has exclusive jurisdiction of actions under this subchapter.

(b) The action is brought by the filing of a verified complaint in the division of the court in which the plaintiff resides. The court shall proceed without unnecessary delay to a trial upon the complaint, and, except as otherwise provided by this subchapter, proceedings upon the complaint, including the issuance and service of summons, service of a copy of the complaint, and the giving of security for costs when required by the court, shall conform, as nearly as may be practicable, to proceedings in civil actions.

§ 463. Jury trial

An action pursuant to this subchapter shall be tried by jury, if either the plaintiff or defendant demands that it be so tried.

§ 464. Agreement or compromise

If, at any time before judgment in an action pursuant to this subchapter, the defendant pays or secures to be paid to the plaintiff such sums of money or property as the plaintiff may, with the approval of

the court, agree to receive, the court shall, if the agreement is made or acknowledged in its presence, dismiss the action upon the payment, by the defendant, of the costs of the proceeding. The court shall cause a memorandum of the agreement to be entered upon the docket. § 465. Competency of mother to testify; dying declarations

(a) In an action pursuant to this subchapter, the mother is a competent witness, unless she is otherwise legally incompetent.

(b) If the mother is dead at the time of trial, her declaration made at the time of travail and persevered in as her dying declaration shall be evidence.

§ 466. Judgment; payments

(a) If, in an action pursuant to this subchapter, it is determined that the defendant is the father of the child, the court shall adjudge him the father of the child and he shall be responsible for the maintenance of the child up to the age of 21 years, in such reasonable sums as the court may order, as well as for the costs of the action.

(b) In addition, the court may order the father to pay special sums for the expense caused the mother by the birth, for the child's education, and for expenses caused by the child's sickness or death, and to pay such attorney fees of the plaintiff as the court, in its discretion, allows.

(c) Amounts paid for support of the illegitimate child shall ordinarily be paid in advance in bi-weekly installments.

(d) Compromises between the parents of an illegitimate child are valid only if approved by the court.

(e) Money paid by the father for the support of an illegitimate child shall be spent solely for the benefit of the child.

§ 467. Writ of execution on failure to make support payments

(a) If default is made in the payment of money toward the support of an illegitimate child, the court, upon application of the plaintiff, may issue a writ of execution. The execution shall be served and satisfied as executions upon a civil judgment, except that an exemption may not be allowed against a writ issued for nonpayment of money for support of an illegitimate child.

(b) An execution may not issue, however, except for payments due within the six months next preceding the issuance of the execution. § 468. Action when putative father has died; claim against estate when father dies

(a) If the father of an illegitimate child dies before its birth or within a year after it was born, and before an action against him for the support of the child has been brought to conclusion, an action may be brought for the support of the child against his estate, and if it is adjudged that the deceased was the father of the child, the amounts necessary for the support of the child may be collected from his estate in the same manner as any other debt.

(b) If a man who has been ordered to pay for the support of a child dies before the child is 21 years old, the amounts he was ordered to pay may be collected from his estate, except that

(1) if he leaves a widow or legitimate children, the amounts to be collected from his estate for his illegitimate children shall not exceed the inheritance of a legitimate child; and

(2) nothing may be paid from his estate for the support of an illegitimate child until the creditors of the estate have been fully satisfied.

Subchapter II-Blood Tests to Determine Paternity

§ 491. Authority for test

In a civil action, in which paternity is a relevant fact, including an action in the district court pursuant to subchapter I of this chapter, the court, upon its own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as not to delay the proceedings unduly, shall order the mother, child and alleged father to submit to blood tests. If a party refuses to submit to such tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others and the interests of justice so require.

§ 492. Selection of experts

The tests provided by section 491 of this title shall be made by experts qualified as examiners of blood types who shall be appointed by the court. The experts shall be called by the court as witnesses to testify to their findings and shall be subject to cross-examination by the parties. A party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of blood types, perform independent tests under orders of court, the results of which may be offered in evidence. The number and qualifications of experts shall be determined by the court.

§ 493. Compensation of expert witnesses

(a) Except as provided by subsection (b) of this section, the court shall fix the compensation of each expert witness appointed by the court at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, and that, after payment by the parties, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.

(b) If an expert witness appointed by the court is employed by serving with an agency of the United States in the Canal Zone, he may not receive a fee but shall receive his regular full pay for the time spent in performing his services as an expert, without deduction from time allowed him for leave of absence authorized by law.

§ 494. Effect of test results

If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence. If the experts conclude that the blood tests show the possibility of the alleged father's paternity, admission of this evidence is within the discretion of the court, depending upon the infrequency of the blood type. § 495. Applicability to criminal actions

This subchapter applies to criminal cases subject to the following limitations and provisions:

(1) an order for the tests shall be made only upon application of a a party or on the court's initiative;

(2) the compensation of the experts shall be paid by the Canal Zone Government, except that, if the expert is one who falls within the scope of section 493 (b) of this title, that subsection is applicable;

(3) the court may direct a verdict of acquittal upon the conclusions of all the experts pursuant to section 494 of this title, otherwise the case shall be submitted for determination upon all the evidence.

§ 496. Uniformity of interpretation

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.

§ 497. Short title

This subchapter may be cited as the Uniform Act on Blood Tests to Determine Paternity.

Sec.

531. Jurisdiction.

CHAPTER 17-CHANGE OF NAME

532. Petition for change of name.

533. Order to show cause; posting. 534. Hearing; order.

§ 531. Jurisdiction

Applications for changes of names shall be heard and determined by the district court.

§ 532. Petition for change of name

An application for change of name may be made to the division of the district court where the person whose name is proposed to be changed resides, by petition, signed by the person or, if the person is under 21 years of age, if a male, and under 18 years of age, if a female, by one of the parents, if living, or, if both are dead, then by the guardian or, if there is no guardian, then by some near relative or friend.

The petition shall specify the place of birth and residence of the person, his or her present name, the name proposed, and the reason for the change of name. If the father of the person is not living, the petition shall name, so far as known to the petitioner, the near relatives of the person, and their places of residence.

§ 533. Order to show cause; posting

Upon the filing of the petition, the court shall make an order reciting the filing of the application, the name of the person by whom it is filed and the name proposed, and directing all persons interested in the matter to appear before the court, at a time and place specified, not less than four or more than eight weeks from the time of making the order, to show cause why the application for change of name should not be granted. A copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the division in which the court is held, for a period of four successive weeks. Proof of the posting shall be made to the satisfaction of the court at the time of the hearing of the petition.

§ 534. Hearing; order

Objections may be filed by any person who can show the court good reason against the change of name. On the hearing of the petition, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the petition, as the court deems right and proper.

SEC. 2. Section 13(a) of the Act of July 25, 1958 (Public Law 85-550, 72 Stat. 410; 5 U.S.C., sec. 2252 note), is amended by striking out the designation "(1)" preceding the first clause, and by striking out clause (2).

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