Title 81, Title 81: Utah Domestic Relations Code

81-5-201. Establishment of parent-child relationship. (1) The mother-child relationship is established between a woman and a child by: the woman's having given birth to the child, except as otherwise provided in; Part 8, Gestational Agreement an adjudication of the woman's matern…

81-5-202. No discrimination based on marital status. A child born to parents who are not married to each other whose parentage has been determined under this chapter has the same rights under the law as a child born to parents who are married to each other.

81-5-203. Consequences of establishment of parentage. 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.

81-5-204. Presumption of parentage. (1) A man is presumed to be the father of a child if: the man and the birth mother of the child are married to each other and the child is born during the marriage; the man and the birth mother of the child were married to each other and the ch…

81-5-301. Declaration of paternity. The birth mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the paternity of the child.

81-5-302. Execution of declaration of paternity. (1) A declaration of paternity described in Sectionmust: 81-5-301 be in a record; be signed, or otherwise authenticated, under penalty of perjury, by the birth mother and by the declarant father; be signed by the birth mother and d…

81-5-303. Denial of paternity. (1) A presumed or declarant father may sign a denial of the presumed or declarant father's paternity. (2) The denial is valid only if: a declaration of paternity signed, or otherwise authenticated, by another man is filed in accordance with Section;…

81-5-304. Rules for declaration and denial of paternity. (1) A declaration of paternity and a denial of paternity shall be contained in a single document. If the declaration of paternity and the denial of paternity are both necessary, neither is valid until both are signed and fi…

81-5-305. Effect of declaration or denial of paternity. (1) Except as otherwise provided in Sectionsand, a valid declaration of paternity filed with the Office of Vital Records and Statistics is equivalent to a legal finding of parentage of a child and confers upon the declarant …

81-5-306. Proceeding for rescission. (1) A signatory may rescind a declaration of paternity or denial of paternity by filing a voluntary rescission document with the Office of Vital Records and Statistics in a form prescribed by the Office of Vital Records and Statistics before t…

81-5-307. Challenge after expiration of period for rescission. (1) After the period for rescission under Sectionhas expired, a signatory of a declaration of paternity or denial of paternity or a child support services agency, may commence a proceeding to challenge the declaration…

81-5-308. Procedure for rescission or challenge. (1) Every signatory to a declaration of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the declaration or denial. (2) For the purpose of rescission of, or challenge to, a …

81-5-309. Ratification barred. A tribunal or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged declaration of paternity.

81-5-310. Full faith and credit. A tribunal of this state shall give full faith and credit to a declaration of paternity or denial of paternity effective in another state if the declaration or denial has been signed and is otherwise in compliance with the law of the other state.

81-5-311. Forms for declaration, denial, or rescission. (1) To facilitate compliance with this part, the Office of Vital Records and Statistics shall prescribe forms for the declaration of paternity, the denial of paternity, and the rescission of a declaration of paternity. (2) A…

81-5-312. Release of information. The Office of Vital Records and Statistics may release information relating to the declaration of paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and federal, tribal, and state child support services …

81-5-313. Rulemaking by Office of Vital Records and Statistics. The Office of Vital Records and Statistics may adopt rules in accordance with, to implement this part.

81-5-401. Maintenance of records. (1) The Office of Vital Records and Statistics shall register the following records that are filed with the office: all declarations of paternity; all judicial and administrative determinations of parentage; and all notices of proceedings to esta…

81-5-402. Effect of registration. (1) An unmarried biological father who desires to be notified of a proceeding for adoption of a child must file a notice of the initiation of parentage proceedings as required by Sections,, and. 81-13-207 81-13-212 81-13-213 (2) A registrant shal…

81-5-403. Notice of proceeding. Notice of an adoption proceeding shall be given to an unmarried biological father as described in Section.

81-5-404. Required form. (1) The Office of Vital Records and Statistics shall prepare a form to be filed with the agency. The form shall require the signature of the registrant and state that the form is signed under penalty of perjury. (2) The form shall also state that: a timel…

81-5-405. Furnishing of information -- Confidentiality. (1) The Office of Vital Records and Statistics shall send a copy of the filing to a person or entity described in Subsection, who has requested a copy. (2) The copy of the filing shall be sent to the most recent address prov…

81-5-406. Penalty for releasing information. A person who intentionally or knowingly, releases confidential information from the Office of Vital Records and Statistics that is filed in accordance with Sectionto a person or agency not authorized to receive the information under Se…

81-5-407. Removal of registration -- Rulemaking authority. The Office of Vital Records and Statistics may remove a registration in accordance with rules adopted by the Office of Vital Records and Statistics in accordance with.

81-5-408. Fees for registry. (1) A fee may not be charged to remove a registration. (2) Except as otherwise provided in Subsection, the Office of Vital Records and Statistics may charge a reasonable fee for registering records pursuant to Section, making a search of the registry,…

81-5-409. Search of records -- Certificate. (1) Upon the request of an individual, tribunal, or agency identified in Section, the Office of Vital Records and Statistics shall search its records for any registration made in accordance with Sectionand furnish to the requestor a cer…

81-5-410. Admissibility of information. A certificate of search of the registry of parentage in this or another state is admissible in a proceeding for adoption of a child and, if relevant, in other legal proceedings.

81-5-501. Scope of part. This part governs 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 a tribunal or a child support services agency.

81-5-502. Order for testing. (1) Upon the motion of any party to the action, except as otherwise provided in this part and, the tribunal shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statem…

81-5-503. Requirements for genetic testing. (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: the American Association of Blood Banks, or a successor to its functions; the A…

81-5-504. Report of genetic testing. (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 this part is self-authenticating. (2) Documentation from the testing labor…

81-5-505. Genetic testing results -- Rebuttal. (1) Under this chapter, a man is presumed to be identified as the father of a child if the genetic testing complies with this part and the results disclose that: the man has at least a 99% probability of parentage, using a prior prob…

81-5-506. Costs of genetic testing. (1) Subject to assessment of costs under, the cost of initial genetic testing shall be advanced: Part 6, Adjudication of Parentage by a child support services agency in a proceeding in which the child support services agency is providing servic…

81-5-507. Additional genetic testing. (1) The tribunal shall order additional genetic testing upon the request of a party who contests the result of the original testing. (2) If the previous genetic testing identified a man as the father of the child under Section, the tribunal m…

81-5-508. Genetic testing when specimens not available. (1) Subject to Subsection, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under extraordinary circumstances the tribunal considers to be just, the tribunal may …

81-5-509. Deceased individual. For good cause shown, the tribunal may order genetic testing of a deceased individual.

81-5-510. Identical brothers. (1) The tribunal 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 ea…

81-5-511. Confidentiality of genetic testing. Release of the report of genetic testing for parentage is controlled by.

81-5-601. Definitions for part -- Proceeding authorized. (1) As used in this part, "divorce" includes an annulment. (2) An adjudicative proceeding may be maintained to determine the parentage of a child. (3) A judicial proceeding is governed by the Utah Rules of Civil Procedure. …

81-5-602. Standing to maintain proceeding. Subject to Part 3, Voluntary Declaration of Paternity, and Sectionsand, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the birth mother of the child; (3) a man whose paternity of the child is to be adjudica…

81-5-603. Parties to proceeding. The following individuals shall be joined as parties in a proceeding to adjudicate parentage: (1) the birth mother of the child; (2) a man whose paternity of the child is to be adjudicated; and (3) the state in accordance with Section. 81-6-106…

81-5-604. Personal jurisdiction. (1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual. (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonreside…

81-5-605. Venue for a parentage proceeding. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a proceeding to adjudicate parentage in the county in which: the child resides or is found; the respondent resides or is found if the child does no…

81-5-606. No limitation -- Child having no declarant or adjudicated father. (1) A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. (2) If initiated after the child becomes an adult, only the child may initia…

81-5-607. Limitation -- Child having presumed father. (1) Parentage of a child conceived or born during a marriage with a presumed father, as described in Subsection, (b), or (c) may be raised by the presumed father, the birth mother, or a child support services agency at any tim…

81-5-608. Authority to deny motion for genetic testing or disregard test results. (1) As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of…