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Utah State Paternity Laws

posted by DNA Identifiers @ 1:14 PM
Friday, July 24, 2009

utah

The below information is a general guide to Utah State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: How-To: Make a Paternity Claim in Utah

Link: Paternity Establishing In Utah Frequently Asked Questions

Required Probability of Paternity for Utah Courts: 99%

Required Paternity Index: 100 to 1

Current Utah Paternity Law: 78B-15

78B-15-201.    Establishment of parent-child relationship.

(1)  The mother-child relationship is established between a woman and a child by:
(a)  the woman’s having given birth to the child, except as otherwise provided in Part 8, Gestational Agreement;
(b)  an adjudication of the woman’s maternity;
(c)  adoption of the child by the woman; or
(d)  an adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable under other law.
(2)  The father-child relationship is established between a man and a child by:
(a)  an unrebutted presumption of the man’s paternity of the child under Section 78B-15-204;
(b)  an effective declaration of paternity by the man under Part 3, Voluntary Declaration of Paternity, unless the declaration has been rescinded or successfully challenged;
(c)  an adjudication of the man’s paternity;
(d)  adoption of the child by the man;
(e)  the man having consented to assisted reproduction by a woman under Part 7, Assisted Reproduction, which resulted in the birth of the child; or
(f)  an adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable under other law.

Renumbered and Amended by Chapter 3, 2008 General Session

78B-15-204.   Presumption of paternity.

(1)  A man is presumed to be the father of a child if:
(a)  he and the mother of the child are married to each other and the child is born during the marriage;
(b)  he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(c)  before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce or after a decree of separation; or
(d)  after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and:
(i)  the assertion is in a record filed with the Office of Vital Records;
(ii)  he agreed to be and is named as the child’s father on the child’s birth certificate; or
(iii)  he promised in a record to support the child as his own.
(2)  A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607.
(3)  If a child has an adjudicated father, the results of genetic testing are inadmissable to challenge paternity except as set forth in Section 78B-15-607.

Renumbered and Amended by Chapter 3, 2008 General Session

Link: Utah Laws

This information is a general guide. Research your state laws for current information or contact a family attorney.

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