Title 14, Domestic Relations and Persons

Provisions of this chapter relating to determination of paternity apply to determinations of maternity.

1. The mother-child relationship is established between a woman and a child by: a. The woman's having given birth to the child; b. An adjudication of the woman's maternity; or c. Adoption of the child by the woman. 2. The father-child relationship is established between a man and…

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.

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 three hundred days after the marri…

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.

1. An acknowledgment of paternity must: a. Be in a record; b. Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity; c. State that the child whose paternity is being acknowledged: (1) Does not have a presum…

A presumed father may sign a denial of his paternity. The denial is valid only if: 1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to section 14-20-15; 2. The denial is in a record, and is signed, or otherwise authenticated, …

1. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed. 2. An ack…

1. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid acknowledgment of paternity filed with the department of health and human services is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and du…

The department of health and human services may not charge for filing an acknowledgment of paternity or denial of paternity.

A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of: 1. Sixty days after the effective date of the acknowledgment or denial, as provided in section 14-20-14; or 2. The date of the first hearing,…

1. After the period for rescission under section 14-20-17 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: a. On the basis of fraud, duress, or material mistake of fact; and…

1. Every signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial. 2. For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of pa…

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

1. To facilitate compliance with sections 14-20-11 through 14-20-24, the department of health and human services shall prescribe forms for the acknowledgment of paternity and the denial of paternity. 2. A valid acknowledgment of paternity or denial of paternity is not affected by…

The department of health and human services may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and appropriate state or federal agencies of this or another state.

The department of health and human services may adopt rules to implement sections 14-20-11 through 14-20-23.

Sections 14-20-25 through 14-20-35 govern genetic testing of an individual to determine parentage, whether the individual: 1. Voluntarily submits to testing; or 2. Is tested pursuant to an order of the court or a support enforcement agency.

1. Except as otherwise provided in sections 14-20-25 through 14-20-58, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding: a. Alleging paternity …

1. Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: a. The American association of blood banks, or a successor to its functions; b. The American society for histocompatibility …

1. A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of sections 14-20-25 through 14-20-35 is self-authenticating. 2. Documentation from the testing laboratory of the f…

1. Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with sections 14-20-25 through 14-20-35 and the results disclose that: a. The man has at least a ninety-nine percent probability of paternity, using a prior probability …

1. Subject to assessment of costs under sections 14-20-36 through 14-20-58, the cost of initial genetic testing must be advanced: a. By a support enforcement agency in a proceeding in which the support enforcement agency is providing services; b. By the individual who made the re…

The court or the support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under section 14-20-29, the court or agency …

1. Subject to subsection 2, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing: a.…

For good cause shown, the court may order genetic testing of a deceased individual.

1. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. 2. If each brother satisfies the requiremen…

The report of genetic testing for parentage is confidential. An individual who knowingly releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the i…

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the North Dakota Rules of Civil Procedure.

Subject to sections 14-20-11 through 14-20-24 and sections 14-20-42 and 14-20-44, a proceeding to adjudicate parentage may be maintained by: 1. The child; 2. The mother of the child; 3. A man whose paternity of the child is to be adjudicated; 4. The support enforcement agency; 5.…

The following individuals must be joined as parties in a proceeding to adjudicate parentage: 1. The mother of the child; and 2. A man whose paternity of the child is to be adjudicated.

1. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. 2. A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conserv…

Venue for a proceeding to adjudicate parentage is in the county of this state in which: 1. The child resides or is found; 2. The respondent resides or is found if the child does not reside in this state; or 3. A proceeding for probate or administration of the presumed or alleged …

A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after: 1. The child becomes an adult, but only if the child initiates the proceeding; or 2. An earlier proceeding to adjudicate paternity…

1. Except as otherwise provided in subsection 2, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child. 2. A proceeding s…

1. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged f…

1. If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under section 14-20-17 or…

1. Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or…

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: 1. Service of process; 2. Discovery; and 3. Except as prohibited by s…

1. A minor child is a permissible party, but is not a necessary party to a proceeding under sections 14-20-36 through 14-20-58. 2. The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests…

1. Except as otherwise provided in subsection 3, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen days after its receipt by the objecting party and cites specifi…

1. An order for genetic testing is enforceable by contempt. 2. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. 3. Genet…

1. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. 2. If the court finds that the admission of paternit…