[Code of Federal Regulations]
[Title 32, Volume 6, Parts 800 to End]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR818.17]

[Page 61-62]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 818--PERSONAL FINANCIAL RESPONSIBILITY--Table of Contents
 
                      Subpart C--Dependent Support
 
Sec. 818.17  Paternity claims.

    The Air Force does not judge paternity claims against its personnel. 
Paternity must be established either by admission, or by judicial order 
or decree of paternity, or child support duly ordered by a United States 
or foreign court of competent jurisdiction.
    (a) Allegations of paternity against active duty members will be 
transmitted to the member concerned through his unit commander. The unit 
commander will:
    (1) If paternity is denied, inform the claimant accordingly and 
advise of Air Force policy regarding paternity claims.
    (2) Once paternity is established, advise the member of his moral 
and legal obligations as well as his legal rights in the matter. The 
member will be encouraged to render the necessary financial support to 
the child and take any other action considered proper under the 
circumstances. Advise the claimant of Air Force policy as it relates to 
support of dependents and the position taken by the member, if the 
member elects to take one.
    (3) On receipt of a communication from a judge of a civilian court, 
including a court summons or a judicial order, concerning the member's 
availability to appear at an adoption hearing where it is alleged that 
he is the father of an illegitimate child, provide a reply that:
    (i) Due to military requirements, the member cannot be granted leave 
to attend any court hearing until (date), or
    (ii) A request by the member for leave to attend an adoption hearing 
on (date), if made, would be approved, or
    (iii) The member has stated in a sworn written statement (forward a 
copy with response) that he is not the natural parent of the child, and 
that only a court of competent jurisdiction can judge the matter, or
    (iv) Due to the member's unavailability caused by a specific reason, 
a completely responsive answer cannot be made.
    (v) Inform member of the inquiry and the response. Also, member 
should be urged to obtain legal assistance (including an explanation of 
the Soldiers' and Sailors' Civil Relief Act of 1940, if appropriate).
    (b) If the member has been released from active duty, the unit 
commander forwards the inquiry to HQ ARPC/DPAS, Denver CO 80280-5000. 
Advise complainant of the referral.
    (1) HQ ARPC/DPAS, on receipt of an allegation of paternity, provides 
an appropriate response to the claimant as set forth for members on 
active duty under paragraphs (a) (1) and (2) of this section.
    (2) Communications from a judge of a civilian court, including a 
court summons or judicial order, concerning the availability of 
personnel to appear at an adoption hearing where it is alleged that the 
member not on active duty is the father of an illegitimate child, shall 
receive a reply that such person is not on active duty. A copy of the 
communication and the reply is forwarded to the named individual.
    (3) When requested by a judge of a civilian court, the member's 
address may be furnished if the request is supported by a:
    (i) Certified copy of either a judicial order or decree of paternity 
or support duly rendered against the member by a United States or 
foreign court of competent jurisdiction; or
    (ii) Document that establishes that the member has made an official 
admission or statement acknowledging paternity or responsibility for 
support of a child before a court of competent jurisdiction, 
administrative or executive agency, or official authorized to receive 
it; or
    (iii) Court summons, judicial order, or similar document of a court 
within the United States in a case concerning the adoption of an 
illegitimate child wherein the member is alleged to be the father.
    (4) The address may also be furnished if the claimant, with the 
corroboration of a physician's affidavit, alleges and explains an 
unusual medical situation that makes it essential to obtain information 
from the alleged father to protect the physical health of either the 
prospective mother or the unborn child.

[[Page 62]]

    (c) If the member has been separated with no further military status 
or retired, the unit commander advises the claimant:
    (1) Of the date of discharge. Indicate that you are unable to assist 
because the individual is no longer under Air Force jurisdiction. Also, 
advise that the Air Force assumes no responsibility for the whereabouts 
of individuals no longer under its jurisdiction.
    (2) In addition, the last known address of the former member may be 
furnished the requester under the same conditions as set forth for 
members not on active duty under paragraph (b) of this section.