Title 8, Family Law & Probate

Presumption of Paternity. (a) A man is presumed to be the natural father of a child if: (1) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the mar riage is terminated by death, annulment…

Artificial Insemination. (a) If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby co…

Determination of Father and Child Relationship; Who May Bring Action; When Action May be Brought. (a) A child, his natural mother, or a man presumed to be his natural father, under 8 CMC § 1704(a)(1), (2), or (3), may bring an action: (1) At any time for the purpose of declaring …

Statute of Limitations. An action to determine the existence of the father and child relationship may not be brought more than three years after the child reaches the age of majority. This section and 8 CMC § 1706 do not extend the time within which a right of inheritance or a ri…

Jurisdiction; Venue. (a) Without limiting the jurisdiction of any other court, the Commonwealth Superior Court has jurisdiction of an action brought under this article. The action may be joined with an action for divorce, annulment, separate maintenance, or support. (b) A person …

Parties. The child shall be made a party to the action. If he is a minor he shall be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. The court may appoint the Div…

Pretrial Proceedings. (a) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, and informal hearing shall be held. The court may order that the hearing be held before a referee. The public shall be …

Blood Tests. (a) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court. (b) The court, upon reasonable requ…

Evidence Relating to Paternity. Evidence relating to paternity may include: (a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception; (b) An expert’s opinion concerning the statistical probability of the alleged father’s paternit…

Pretrial Recommendations. (a) On the basis of the information produced at the pretrial hearing, the judge or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a ju…

Civil Action; Jury. (a) An action under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. 8 CMC §§ 1710(b) and (c), 1711 and 1712 apply. (b) Testimony r…

Judgment or Order. (a) The judgement or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes. (b) If the judgement or order of the court is at variance with the child’s birth certificate, the court sha…

Costs. The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood and genetic tests, to be paid by the parties in proportions and at times determined by the court. Pursuant to…

Enforcement of Judgment or Order. (a) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this article or under prior law, the obligation of the father may be enforced in the same or other pro…

Modification of Judgment or Order. The court has continuing jurisdiction to modify or revoke a judgment or order: (a) For future education and support; and (b) With respect to matters listed in 8 CMC § 1715(c) and (d), and 8 CMC § 1717(b), except that a court entering a judgment …

Right to Counsel; Free Transcript on Appeal. (a) At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint and pay for counsel for a party who is financially unable to obtain counsel. (b) If a party is financially unable …

Hearings and Records; Confidentiality. Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this article shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All pap…

Action to Declare Mother and Child Relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this article applicable to the father and child relationship apply. S…

Promise to Render Support. (a) Any promise in writing to furnish support for a child growing out of a supposed or alleged father and child relationship, does not require consideration and is enforceable according to its terms, subject to 8 CMC § 1706(d). (b) In the best interest …

When Notice of Adoption Proceeding Required. (a) If a mother relinquishes or proposes to relinquish for adoption a child who has: (1) A presumed father under 8 CMC § 1704(a); (2) A father whose relationship to the child has been determined by a court; or (3) A father as to whom t…

Uniformity of Application and Construction. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: PL 4-38, § 26.

Omitted Spouse. (a) If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it …

Pretermitted Children. (a) If a testator fails to provide in his will for any of the testator’s children born or adopted after the execution of the testator’s will, the omitted child receives a share in the estate equal in value to that which he would have received if the testato…