Uniform Law Commission
111 N. Wabash Ave., Suite 1010, Chicago, IL 60602
312/450-6600, Fax 312/450-6601, www.nccusl.org
Contact: Michael Kerr, ULC Legislative Director, michael.kerr@nccusl.org
Katie Robinson, ULC Communications Officer, katie.robinson@nccusl.org
For Immediate Release:
COUNCIL OF STATE GOVERNMENTS APPROVES TWO UNIFORM ACTS
AS “SUGGESTED STATE LEGISLATION”
June 1, 2009 – Two uniform acts – the Uniform Parentage Act and the Uniform Unsworn Foreign Declarations Act – were approved by the Council of State Governments (CSG) as “Suggested State Legislation” at the recent spring meeting of the CSG Western Region in Coeur d’Alene, Idaho. Both uniform acts were drafted and approved by the Uniform Law Commission (ULC).
The Uniform Parentage Act (UPA) was approved by the ULC in 2000 and amended in 2002. The UPA is an important state statute which modernizes the law for determining the parentage of children. The UPA is a revision of the Uniform Parentage Act of 1973, a landmark act which abolished all legal distinctions between legitimate and illegitimate children, and provided procedures for determination of paternity where marriage or proof of marriage was lacking. The purpose of the new UPA remains the same: determining the parentage of a child. However, the new UPA is both more streamlined and comprehensive than the original.
The new UPA not only updates many sections from the 1973 act, including a much more comprehensive section on genetic testing, but also has many new provisions. For example, a new section is included in the revision which deals with voluntary acknowledgment of paternity. This is included in an effort to encourage states to adopt nonjudicial means to achieve early determination of paternity. A paternity registry is provided in the new UPA. There is a specific, separate judicial proceeding for ordering genetic testing. In these and many other ways, the new UPA is a significant step forward in the law of parentage which protects the legal rights and legal status of children.
The UPA has been enacted in nine states: Alabama, Delaware, New Mexico, North Dakota, Oklahoma, Texas, Utah, Washington, and Wyoming.
The Uniform Unsworn Foreign Declarations Act (UUFDA), promulgated by the Uniform Law Commission in 2008, deals with the problem of obtaining a sworn statement abroad for U.S. court and agency proceedings. Declarations of persons abroad are routinely received in state and federal courts and agencies. Many of the declarations are affidavits and other documents sworn to by declarants before authorized officials in United States embassies and consulate offices.
In recent years, particularly after September 11, 2001, access to U.S. embassies and consulates has been more difficult because of closings or added security. Thus, obtaining sworn foreign declarations for court or agency use is more difficult in the post-9/11 environment. The new UUFDA addresses the pressing need for an alternative to sworn declarations.
The UUFDA permits, in state court proceedings, unsworn declarations under penalty of perjury to be executed by witnesses located outside the United States in lieu of affidavits, verifications, or other sworn court filings. The scope of the Act is limited, applying only to a declarant who at the time of making an unsworn declaration is physically located outside the boundaries of the United States. Use of an unsworn declaration, like a sworn declaration, would be subject to penalties for perjury, and the Act provides a model form that unsworn declarations must substantially follow.
The UUFDA has been enacted in three states: Colorado, New Mexico, and Utah.
Further information on the Uniform Parentage Act and the Uniform Unsworn Foreign Declarations Act can be found at the ULC’s website at www.nccusl.org.
About “Suggested State Legislation”
Suggested state legislation is a compilation of draft legislation from state statutes on topics of current interest and importance to the states. For more than 60 years, The Council of State Governments’ Suggested State Legislation (SSL) program has informed state policy-makers on a broad range of legislative issues, and its national Committee on Suggested State Legislation has been a model on interstate dialogue.
SSL Committee members represent all regions of the country. They are generally legislators, legislative staff and other state governmental officials who contribute their time and efforts to assisting the states in the identification of timely and innovative state legislation.
About the Uniform Law Commission
The Uniform Law Commission is comprised of more than 350 practicing lawyers, governmental lawyers, judges, law professors and lawyer-legislators, who are appointed by each state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state laws where uniformity is desirable and practical. Now in its 117th year, the ULC has provided states with over 250 uniform acts that help bring clarity and stability to critical areas of state statutory law.
About the Council of State Governments
The Council of State Governments is the country’s only organization serving all three branches of state government. CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. This offers unparalleled regional, national and international opportunities to network, develop leaders, collaborate and create problem-solving partnerships.
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