[§584A-502]  Pretrial recommendations.  (a)  On the basis of the information produced at the pretrial hearing held pursuant to section 584A-501, the judge conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the parent-child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child pursuant to section 571-46(b).  On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following:

     (1)  That the action be dismissed with or without prejudice;

     (2)  That the matter be compromised by an agreement among the birth parent and the individual who is seeking to have parentage adjudicated, and the child, in which the individual seeking to be adjudicated to be a parent is not adjudicated to be a parent but in which a defined economic obligation is undertaken in favor of the child and, if appropriate, in favor of the parent, subject to approval by the judge conducting the hearing.  In reviewing the obligation undertaken by the individual whose parentage is to be adjudicated in a compromise agreement, the judge conducting the hearing shall consider the best interest of the child, in light of the factors enumerated in section 576D-7(a), discounted by the improbability, as it appears to the judge, of establishing the parentage or non-parentage of the individual whose parentage is to be adjudicated in a trial of the action; or

     (3)  That the individual whose parentage is to be adjudicated voluntarily acknowledges parentage of the child.

     (b)  If the parties accept a recommendation made in accordance with subsection (a), judgment shall be entered accordingly.

     (c)  If a party refuses to accept the final recommendation made under subsection (a) and genetic tests have not been taken, the court may order the parties to submit to genetic tests, if practicable.  Thereafter the judge shall make an appropriate final recommendation.  If a party refuses to accept the final recommendation, the action shall be set for trial.

     (d)  A guardian ad litem appointed for the child may accept or refuse to accept a recommendation under this section.

     (e)  The pretrial hearing may be terminated and the action set for trial if the judge conducting the hearing finds it unlikely that all parties would accept a recommendation the judge may make under subsection (a) or (c). [L 2025, c 298, pt of §2]