Title 14 — Domestic Relations and Persons

This chapter must be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.

This chapter may be cited as the Revised Uniform Adoption Act.

Any adoption or termination proceeding pending on the effective date of this chapter is not affected thereby.

As used in this chapter: 1. "Assisted conception" means a pregnancy resulting from insemination of an egg of a woman with sperm of a man by means other than sexual intercourse or by removal and implantation of an embryo after sexual intercourse but does not include a pregnancy re…

Repealed by S.L. 1995, ch. 158, § 3.

Repealed by S.L. 2005, ch. 135, § 11.

Repealed by S.L. 2005, ch. 135, § 11.

Repealed by S.L. 2005, ch. 135, § 11.

Any agreement in which a woman agrees to become a surrogate or to relinquish that woman's rights and duties as parent of a child conceived through assisted conception is void. The surrogate, however, is the mother of a resulting child and the surrogate's husband, if a party to th…

Repealed by S.L. 2005, ch. 135, § 11.

Repealed by S.L. 2005, ch. 135, § 11.

A child born to a gestational carrier is a child of the intended parents for all purposes and is not a child of the gestational carrier and the gestational carrier's husband, if any.

The costs of pregnancy-related services, including labor and delivery services, incurred by a surrogate or gestational carrier as defined by section 14-18-01 are the responsibility of the intended parents.

In this chapter, unless the context otherwise requires: 1. "Birthing hospital" means a hospital licensed under chapter 23-16 which provides obstetrical services. 2. "Department" means the department of health and human services. 3. "Donor" means a woman whose body produced an egg…

Repealed by S.L. 2005, ch. 135, § 11.

Repealed by S.L. 2005, ch. 135, § 11.

An acknowledgment of paternity made under chapter 14-20 must be filed with the department on a form approved by the department, which must include the social security number of the parents and any other information required by the secretary of the United States department of heal…

A hospital, a voluntary paternity establishment service entity, and the agents or employees of either, acting in accordance with this chapter or attempting in good faith to do so, are immune from civil liability for that activity.

The department shall: 1. Provide each birthing hospital and voluntary paternity establishment service entity in the state: a. Written materials about paternity establishment. b. Forms necessary to voluntarily acknowledge paternity. c. A written description of the rights and respo…

Repealed by S.L. 2005, ch. 135, § 11. 14-19-10. Vacation or rescission of acknowledgments - Time for commencing actions - Effect on presumptions under section 14-17-04 - Notice. Repealed by S.L. 2005, ch. 135, § 11.

Any oral notice required under this chapter may be provided by a recording.

1. At any time after an unmarried woman is determined to be pregnant, a voluntary paternity establishment entity may: a. Provide to the mother and the alleged father, if the alleged father is present: (1) Written materials about paternity establishment; (2) The forms necessary to…

This chapter may be cited as the Uniform Parentage Act.

In this chapter: 1. "Acknowledged father" means a man who has established a father-child relationship under sections 14-20-11 through 14-20-24. 2. "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. 3. "Alleg…

1. This chapter applies to determination of parentage in this state. 2. The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on: a. The place of birth of the child; or b. The past or present residence of the c…

The district court is authorized to adjudicate parentage under this chapter.

Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, soc…

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…