The Senate on Wednesday gave preliminary approval to a bill that limits the rights of biological fathers whose children were conceived as the result of a sexual assault.
The legislation lays out court processes for awarding parental rights in cases where a child was conceived as the result of a sexual assault, including cases where the parent was not convicted of such a crime.
The state is responsible for not forcing a victim of sexual assault to continue a relationship with the perpetrator of the abuse, according to H.88.
In cases where a parent was convicted of sexual assault or a similar crime, a judge can issue a permanent order awarding sole custody (without visitation rights) to the other parent.
The bill also lays out a process for a parent to ask for sole custody when the other parent was not convicted of sexual assault.
In those cases, the court must find by “clear and convincing evidence” that the child was conceived as a result of sexual assault. The court must also find that it is in the best interest to award sole parental rights (without visitation) to the other parent, the bill says.
A motion in court can modify the order, the bill says.
