Family Law Section

Paternity

When the parents of a child are not married, the determination of paternity is not automatic. There are two ways to establish paternity in Utah, through completion of a Voluntary Declaration of Paternity or through entry of an order by a court or administrative agency. Utah will accept paternity determinations that were entered in another state if their laws are followed. In Utah, a birth certificate is not a determination of paternity. There is a simple form that can be completed by the parents which does serve as a determination of paternity.

If you are a mother or a child interested in determining paternity, contact one of these resources:

• Utah State Department of Human Services: Family Support Office: 801-538-4100
• Utah State Department of Human Services: Recovery Services Office: 801-536-8500

Frequently Asked Questions

Contested Determinations of Paternity

When the person who is named as the father does not agree that he is the father, a court or administrative agency will have to decide whether he is the father. Sometimes the determination of paternity is based upon the legal status of the parties. For example, if a child is adopted, that child is considered to be the child of the person who adopted the child. If the mother was married at the time of the birth of the child, that child is considered to be the child of her husband unless a court determines he is not.

Obtaining an Order through Stipulation

If both parents want to establish an order through the courts, they can do so by agreement. A written stipulation is prepared and signed by the parties. The stipulation should address all of the issues involved, including parent-time and custody. If the order is established through the Office of Recovery Services, they will not be able to include those provisions

Administrative Paternity Determinations

The Office of Recovery Services is the state designated IVD agency and has the authority to determine paternity administratively. Once the mother names the alleged father, ORS will attempt to have the parties participate in genetic testing. If the parties do not participate or the test does not exclude the alleged father, ORS has the authority to enter an administrative order.

Administrative orders cannot address custody or parent-time. If you have an administrative order, you can register the administrative order with the District Court to include those provisions.

Obtaining an order through litigation

If the parties cannot reach an agreement it may be necessary for one of the parents to file a pleading called a complaint or petition. That parent will ask the court to determine the paternity and the rights and obligations of the parties. The court can order genetic testing.

Paternity may be established through a bench trial. There is no right to trial by jury

Voluntary Declaration

A Voluntary Declaration of Paternity is a document that must be completed by both parents of the child. It is an official document and the information entered in the document must be true. If the mother was married at the time of the conception or birth and her husband is not the father, both her husband and the biological father must sign the Declaration. If either of the parents is under the age of 18, a guardian will also have to sign the Declaration. If there is any doubt, a Voluntary Declaration should not be signed.

Signing a Voluntary Declaration determines the paternity of the child. It allows child support to be established for the child if the parents separate. It does not determine any issues regarding parent-time or custody.

Once a Declaration is signed, the parents only have 60 days to rescind. After that period, a Declaration can only be set aside based upon fraud. A birth certificate does not have the same status as a Voluntary Declaration even if both parents sign the document.

Genetic Testing

The advances of medical science have provided an excellent way to determine whether a person is the father of a child. For more information and a listing of certified laboratories that do the testing, click here.

Genetic testing is often used to determine if an alleged father is the biological father of a child. There are several types of genetic testing, but the most commonly used today is DNA.

To determine whether an alleged father can be excluded, the laboratory obtains samples of DNA from the alleged father, the mother and the child. The sample can be taken in one of two ways: blood draw or buccal swab. In a blood draw, there are vials of blood drawn and labeled for testing. The buccal swab is a swipe of the inside of the person's cheek. Either way, the sample contains the necessary information to do a match of the genetics of the alleged father, the mother and the child.

Once the sample is obtained, it is carefully labeled and sent to the lab for analysis. At the lab, they run tests to see if the genetic markers for the child match those of the alleged father. Because the scientists do not decide whether the alleged father is legally the father, they will only report whether or not he can be excluded as the father. In Utah, a paternity index of 150 is admissible of evidence that the alleged father could not be excluded.

If you have an appointment scheduled for genetic testing, you must bring photo identification (a driver's license or identification card). They will use that to verify who is being tested.

Genetic testing results usually take between 4 and 6 weeks. In order for any testing to be admissible, it must have been conducted by an American Association of Blood Banks certified lab.

• Utah Certified Genetic Testing Laboratories
• Directory of Certified Genetic Testing Laboratories in the U.S.