Family Law Section

Paternity Frequently Asked Questions

FAQs from Office of Recovery Services

1. I was never married to the father of my child. Can I get support payments from him? Or will the state provide support payments?

Children who are born outside of marriage have the same rights as children born in a marriage. Both parents are required to provide for the support of the child. With a child who is not born in a marriage, there must be something that establishes the paternity (who is the father). That can be done if both parents sign a Voluntary Declaration of Paternity or if there is an administrative or court order determining paternity. Once the paternity is established, either an administrative agency or a court can establish a child support amount.

If the parent is eligible for public assistance, that parent will be required to cooperate in establishment of the paternity of the child. As long as the parent remains eligible and cooperates in efforts to establish paternity, public assistance can be received. If there is reason to believe that the child or the parent would be in danger if support was established, the parent can request a finding of “good cause”. If the parent provides evidence of the danger and “good cause” is found to exist, the benefits may continue without the state attempting to establish support.

2. How is paternity established?

There are four basic ways to establish paternity. (1) The parents can sign a Voluntary Declaration of Paternity. (2) The parents can sign a stipulation and get an order. (3) ORS may file an administrative action to determine paternity, OR (4) A parent can file an action with the courts.

3. What is a Voluntary Declaration of Paternity? Is it the same as a birth certificate?

A Voluntary Declaration of Paternity is a legal document that establishes the paternity of a child. It does not have to be done in court, in fact, most Voluntary Declarations are now being done in the hospital when the baby is born. The Voluntary Declaration does not have to be completed in the hospital, however. Any parent who wishes to establish paternity through that process can contact ORS and they can assist the parents in properly completing the Voluntary Declaration.

A Voluntary Declaration should ONLY be signed by the parents. If either parent has doubts about who the father may be, a Voluntary Declaration is not the appropriate process to use. In fact, the information provided in those forms is taken under oath. That means that the person swears the information is true. A Voluntary Declaration should never be signed by a person who knows he is not the father but wants to be the father of the child. If the person is not the biological father, signing a Voluntary Declaration may subject the person to criminal penalties.

A birth certificate alone does not establish paternity. Even if the alleged father signs the certificate, that is not considered a determination of paternity in Utah.

4. What is genetic testing? What does it cost?

Genetic testing is a scientific method of matching the genetic markers of the parents with the child. There are two ways commonly used to gather the genetic material to run the test. The first method is to draw blood and conduct the testing on the blood sample. The second method is the buccal swab. The buccal swab uses cells from the inside of the person’s cheek for the testing. In either case, the sample will then be put through significant testing to determine if there is a match.

Most genetic testing labs today use DNA technology. The advantage to DNA is that it is capable of excluding everyone except identical twins and the sample does not have a limited period for testing. DNA technology is the same technology that is used for tissue matches for organ transplants.

Genetic testing costs will vary depending on the lab and the tests requested. If you want genetic testing, you need to use a lab that is AABB certified.

5. Can ORS establish paternity if the father denies he is the father?

If the alleged father is not willing to sign a Voluntary Declaration of Paternity or a Paternity Stipulation, ORS or the Attorney General’s Office may seek to obtain an order declaring the paternity of the child.

In the administrative process, ORS will attempt to have the alleged father submit to genetic testing voluntarily. If he refuses or simply fails to appear for the testing, ORS can enter an administrative order against the father.

If he appears for the testing and is excluded, ORS will dismiss their case. If he is not excluded, ORS will establish a child support order.