78-45e-2. Voluntary declaration of paternity.

(1) (a) A voluntary declaration of paternity filed in compliance with this chapter establishes a father-child relationship identical to the relationship established when a child is born to persons married to each other.

(b) When a voluntary declaration of paternity is filed, the liabilities of the father include, but are not limited to, the reasonable expense of the mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child.

(c) When a father voluntarily declares paternity, his liability for past amounts due is limited to a period of four years immediately preceding the date that the voluntary declaration of paternity was filed.

(2) When a voluntary declaration of paternity is filed it shall be recognized as a basis for a child support order without any further requirement or proceeding regarding the establishment of paternity.

(3) The voluntary declaration of paternity may be completed and signed any time after the birth of the child. A voluntary declaration of paternity may not be executed or filed after consent to or relinquishment for adoption has been signed.

(4) The voluntary declaration of paternity shall become an amendment to the original birth certificate. The original certificate and the declaration shall be marked so as to be distinguishable. The declaration may be included as part of subsequently issued certified copies of the birth certificate. Alternatively, electronically issued copies of a certificate may reflect the amended information and the date of amendment only.

(5) The voluntary declaration of paternity shall be in the form prescribed by the state registrar of vital statistics and shall be accompanied with an explanation of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration.

(6) The social security number of any person who is subject to a voluntary declaration of paternity shall be placed in the records relating to the matter.

78-45e-3. Requirements for filing.
A voluntary declaration of paternity may not be filed with the state registrar unless the declaration:

(1) is signed by the birth mother and biological father, and by the legal guardian or a parent of a biological father who is under 18 years of age, in the presence of two witnesses who are not related by blood or marriage; and

(2) the mother and alleged father have been given notice, orally and in writing, of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration.

78-45e-4. Rescission of the declaration.

(1) A signed voluntary declaration of paternity is a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:

(a) 60 days of signing; or

(b) the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.

(2) (a) After the period referred to in Subsection (1), a signed voluntary declaration of paternity may be challenged in court only on the grounds of fraud, duress, or material mistake of fact, with the burden of proof on the challenger.

(b) The legal responsibilities, including child support, of any signatory arising from the declaration may not be suspended during a challenge under Subsection (2)(a), except for good cause shown.

(3) In determining whether to rescind the declaration the court has the same authority and obligation with regard to genetic testing as is provided in Section 78-45a-7.

(4) A child support order based on the voluntary declaration of paternity remains in effect during the pendency of any proceeding under this section, and until a final order of the court rescinding the voluntary declaration.

(5) If the declaration is rescinded, the declarant father may not recover any child support he provided for the child before entry of the order of rescission.

78-45a-1. Obligations of the father.

The father of a child that is or may be born outside of marriage is liable to the same extent as the father of a child born within marriage, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child. For purposes of child support collection, a child born outside of marriage includes a child born to a married woman by a man other than her husband if that paternity has been established.

(1) Paternity may be determined upon:

(a) the petition of the mother, child, putative father, or the Office of Recovery Services; or

(b) a voluntary declaration of paternity executed in accordance with Title 78, Chapter 45e, Voluntary Declaration of Paternity Act.

(2) If paternity has been determined or has been acknowledged according to the laws of this state or any other state, the liabilities of the father may be enforced in the same or other proceedings by:

(a) the mother, child, the Office of Recovery Services, or the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, necessary support, or funeral expenses; and

(b) other persons including private agencies to the extent that they have furnished the reasonable expenses of pregnancy, confinement, education, necessary support, or funeral expenses.

(3) An adjudication of paternity or a voluntary declaration executed in accordance with Title 78, Chapter 45e, Voluntary Declaration of Paternity Act, shall be filed with the state registrar in accordance with Section 26-2-5.

(4) A party to an action under this chapter has a continuing obligation to keep the court informed of the party's current address.

(1) Upon motion of any party to the action, made at a time so as not to delay the proceedings unduly, the court shall order the mother, the child, and the alleged father to submit to genetic testing if the request is supported by a sworn statement by the requesting party:

(a) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or

(b) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.

(2) The court may, upon its own initiative, order the mother, the child, and the alleged father to submit to genetic testing.

(3) (a) The court shall order genetic testing:

(i) of a type generally acknowledged as reliable by accreditation bodies designated by the federal Secretary of Health and Human Services; and

(ii) to be performed by a laboratory approved by such an accreditation body.

(b) Except as provided in Subsection (6), the cost of genetic testing shall be paid by the party who requested it or shared between the parties if requested by the court, subject to recoupment against the party who challenges the existence or nonexistence of paternity if the result of the genetic test is contrary to the position of the challenger.

(4) Upon request by a party, a court may order a second genetic test that complies with Subsection (3) if paid for in advance by the requesting party and requested within 15 days of the result of the first genetic test being sent to the last-known address on file under Section 78-45a-2.

(5) If any party refuses to submit to genetic testing, the court may resolve the question of paternity against that party, or may enforce its order if the rights of others and the interests of justice so require.

(6) The office may request genetic testing under this section and shall pay for genetic testing it requests subject to recoupment as provided in Section 62A-11-304.1.

(1) Genetic test results shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy if:

(a) of a type generally acknowledged as reliable by accreditation bodies designated by the federal Secretary of Health and Human Services;

(b) performed by a laboratory approved by such an accreditation body; and

(c) not objected to with particularity and in writing within 15 days after the written test results being sent to the parties.

(2) (a) Upon a motion of a party, a court may receive testimony from genetic testing experts and others involved in conducting the genetic tests if the testimony:

(i) is based on a genetic test performed in accordance with Subsection 78-45a-7(3)(a) or 78-45a-7(4); and

(ii) is useful to the court in determining paternity.

(b) Unless a party objects with particularity and in writing within 15 days after the written test results are sent to the last-known address of that party on file under Section 78-45a-2, testimony received under Subsection (2)(a) shall be in affidavit form.

(3) (a) A man is presumed to be the natural father of a child if genetic testing results in a paternity index of at least 150.

(b) A presumption under Subsection (3)(a) may only be rebutted by a second genetic test:

(i) that complies with Subsection 78-45a-7(4); and

(ii) results in an exclusion.

(4) If a presumption of paternity established under Subsection (1) is not rebutted by a second genetic test under Subsection (2), the court shall issue an order establishing paternity.

(5) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without requiring third-party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

(1) If the court determines that the alleged father is the father, it may upon its own motion or upon motion of the father, order parent-time rights in accordance with Sections 30-3-32 through 30-3-37 as it considers appropriate under the circumstances.

(2) Parent-time rights may not be granted to a father if the child has been subsequently adopted.