PATERNITY IN UTAH
STEWART RALPHS AND KARMA DIXON
OCTOBER 18, 2002

I. The basics of genetic testing-IF THERE IS ANY QUESTION, GET TESTING!!!

A. The importance of the lab you choose

1. Only AABB certified results are admissible
2. Chain of custody
3. Significant pool for calculations

B. How does it work?

1. Buccal swab or blood
2. Extract white cells
3. Run the test in a gel
4. Looks like a barcode
5. Computerized analysis
6. Inherit haplotypes
7. Motherless calculations
8. Paternity index
9. Rebuttal test

C. How do I read the results?

D. Why the reference to race?

1. Gene pool
2. What if they use the wrong race?

E. What if there is no exclusion, but the paternity index is just 150?

II. Voluntary Declarations of paternity—Utah Code Ann. §78-45e-1 through 4

A. Requires the approved form

B. Birth certificate is not the same

C. Form is available through vital statistics and at hospitals.

D. Not to be used as an adoption process.

E. Must be signed by birth mother, actual biological father, guardian if either parent is a minor, and the legal father if the birth mother was married at the time of conception of within 9 months of birth.

F. Rescission must be accomplished within the earlier of 60 days of signing or proceeding related to the child by filing judicial action to rescind.

G. After 60 days, may only be rescinded based upon fraud, duress or material mistake of fact.

H. If the declaration is rescinded, (5) precludes recovery of support already paid.

III. Administrative determination of paternity

A. Office of Recovery Services has authority to determine paternity and set support--Utah Code Ann. § 62A-11-304.2

B. Governed by Utah Administrative Procedures Act—Utah Code Ann. §63-46b-1 through 23.

C. What is this antiquated notion of the “legal father”?

D. How do I get custody and visitation established if there is an administrative paternity?

E. How do I find out if there is an administrative paternity?

IV. Judicial determinations of paternity

A. Legal fathers

1. Must be excluded by the court
2. Do it specifically. If there are three children born, don’t just say that there are two children born of the marriage.  List those of the marriage by name.  Preferably, list the other child specifically as not issue.
3. Lord Mansfield’s Rule is not alive (or is it?)
4. If there is any doubt, get testing.

B. Children born prior to a marriage or after entry of the divorce

C. What to include in any decree:

1. Names and birthdates of all children
2. Fully completed worksheet
3. Amounts of income and amount of support in the order itself
4. Date support is to commence
5. Parent-time provisions
6. Determination of custody. If joint, there must be a parenting plan.
7. Income withholding
8. If there is a Voluntary Declaration or Administrative Paternity, reference that as the paternity determination.
9. Findings to support unusual orders
10. Medical insurance provisions