reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 306 - Proceeding for rescission.

78B-15-306.
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 in a form prescribed by the office before the earlier of:
(a) 60 days after the effective date of the declaration or denial, as provided in Sections 78B-15-303 and 78B-15-304; or
(b) the date of notice of the first adjudicative proceeding to which the signatory is a party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that establishes support.
(2) Upon receiving a voluntary rescission document from a signatory under Subsection (1), the Office of Vital Records shall provide notice of the rescission, by mail, to the other signatory at the last-known address of that signatory.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 307 - Challenge after expiration of period for rescission.

78B-15-307.
Challenge after expiration of period for rescission.
(1) After the period for rescission under Section 78B-15-306 has expired, a signatory of a declaration of paternity or denial of paternity, or a support-enforcement agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material mistake of fact.
(2) A party challenging a declaration of paternity or denial of paternity has the burden of proof.
(3) A challenge brought on the basis of fraud or duress may be commenced at any time.
(4) A challenge brought on the basis of a material mistake of fact may be commenced within four years after the declaration is filed with the Office of Vital Records. For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
(5) For purposes of Subsection (4), genetic test results that exclude a declarant father or that rebuttably identify another man as the father in accordance with Section 78B-15-505 constitute a material mistake of fact.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 308 - Procedure for rescission or challenge.

78B-15-308.
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 declaration of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration or denial, effective upon the filing of the document with the Office of Vital Records.
(3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the legal responsibilities of a signatory arising from the declaration, including the duty to pay child support.
(4) A proceeding to rescind or to challenge a declaration of paternity or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under Part 6, Adjudication of Parentage.
(5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity or denial of paternity, the tribunal shall order the Office of Vital Records to amend the birth record of the child, if appropriate.
(6) If the declaration is rescinded, the declarant father may not recover child support he paid prior to the entry of an order of rescission.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 309 - Ratification barred.

78B-15-309.
Ratification barred.
A tribunal or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged declaration of paternity.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 310 - Full faith and credit.

78B-15-310.
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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 311 - Forms for declaration and denial of paternity and for rescission of paternity.

78B-15-311.
Forms for declaration and denial of paternity and for rescission of paternity.
(1) To facilitate compliance with this part, the Office of Vital Records shall prescribe forms for the declaration, denial, and rescission of paternity.
(2) A valid declaration of paternity or denial of paternity is not affected by a later modification of the prescribed form.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 312 - Release of information.

78B-15-312.
Release of information.
The Office of Vital Records 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 support-enforcement agencies of this or another state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 313 - Adoption of rules.

78B-15-313.
Adoption of rules.
The Office of Vital Records may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 401 - Maintenance of records.

78B-15-401.
Maintenance of records.
(1) The Office of Vital Records shall register the following records which are filed with the office:
(a) all declarations of paternity;
(b) all judicial and administrative determinations of paternity; and
(c) all notices of proceedings to establish paternity which are filed pursuant to Sections 78B-6-110, 78B-6-120, 78B-6-121, and 78B-6-122.
(2) A notice of initiation of paternity proceedings may not be accepted into the registry unless accompanied by a copy of the pleading which has been filed with the court to establish paternity.
(3) A notice of initiation of paternity proceedings may not be filed if another man is the adjudicated or declarant father.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 402 - Effect of registration.

78B-15-402.
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 paternity proceedings as required by Sections 78B-6-110, 78B-6-120, 78B-6-121, and 78B-6-122.
(2) A registrant shall promptly notify the registry in a record of any change in the information registered. The Office of Vital Records shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 403 - Notice of proceeding.

78B-15-403.
Notice of proceeding.
Notice of an adoption proceeding shall be given to unmarried biological fathers pursuant to Section 78B-6-110.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 404 - Required form.

78B-15-404.
Required form.
(1) The Office of Vital Records 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) a timely filing of notice of the initiation of paternity proceedings which is filed pursuant to Subsection 78B-15-402(1) entitles the registrant to notice of a proceeding for adoption of the child;
(b) a timely filing does not commence a proceeding to establish paternity;
(c) the information disclosed on the form may be used against the registrant to establish paternity;
(d) services to assist in establishing paternity of a child who is not placed for adoption are available to the registrant through the Office of Recovery Services;
(e) the registrant should also file in another state if conception or birth of the child occurred in the other state;
(f) information on registries of other states is available from the Office of Vital Records; and
(g) procedures exist to remove the filing of a proceeding to establish paternity if the proceeding is dismissed, or if a finding of paternity is rescinded or set aside under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 405 - Furnishing of information -- Confidentiality.

78B-15-405.
Furnishing of information -- Confidentiality.
(1) The Office of Vital Records shall send a copy of the filing to a person or entity set forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the most recent address provided by the requestor.
(2) Information contained in records which are filed pursuant to Section 78B-15-401 is confidential and may be released on request only to:
(a) a tribunal or a person designated by the tribunal;
(b) the mother of the child who is the subject of the filing;
(c) an agency authorized by other law to receive the information;
(d) a licensed child-placing agency;
(e) the Office of Recovery Services, the Office of the Attorney General, or a support-enforcement agency of another state or tribe;
(f) a party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the filing; and
(g) the registry of paternity in another state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 406 - Penalty for releasing information.

78B-15-406.
Penalty for releasing information.
A person who intentionally or knowingly, releases confidential information from the Office of Vital Records which is filed pursuant to Section 78B-15-401 to a person or agency not authorized to receive the information under Section 78B-15-405 is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 407 - Removal of registration.

78B-15-407.
Removal of registration.
The Office of Vital Records may remove a registration in accordance with rules adopted by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 408 - Fees for registry.

78B-15-408.
Fees for registry.
(1) A fee may not be charged to remove a registration.
(2) Except as otherwise provided in Subsection (3), the Office of Vital Records may charge a reasonable fee for registering records pursuant to Section 78B-15-401, making a search of the registry, and for furnishing a certificate.
(3) The Office of Recovery Services, the Office of the Attorney General, and support-enforcement agencies of other states or tribes may not be required to pay the fee authorized by Subsection (2).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 409 - Search of records -- Certificate.

78B-15-409.
Search of records -- Certificate.
(1) Upon the request of an individual, tribunal, or agency identified in Section 78B-15-405, the Office of Vital Records shall search its records for any registration made pursuant to Section 78B-15-401 and furnish to the requestor a certificate of search which shall be signed on behalf of the office and state that:
(a) a search has been made of the records of the Office of Vital Records; and
(b) a registration containing the information required to identify the registrant:
(i) has been found and is attached to the certificate of search; or
(ii) has not been found.
(2) A petitioner shall file the certificate of search with the tribunal in connection with a proceeding for adoption.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 4 - Registry › Section 410 - Admissibility of information.

78B-15-410.
Admissibility of information.
A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of a child and, if relevant, in other legal proceedings.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 501 - Scope of part.

78B-15-501.
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 support-enforcement agency.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 502 - Order for testing.

78B-15-502.
Order for testing.
(1) Upon the motion of any party to the action, except as otherwise provided in this part and Part 6, Adjudication of Parentage, 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 statement of a party to the proceeding:
(a) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or
(b) denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
(2) If a request for genetic testing of a child is made before birth, the tribunal may not order in-utero testing.
(3) If two or more men are subject to an order for genetic testing, the testing may be ordered concurrently or sequentially.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 503 - Requirements for genetic testing.

78B-15-503.
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:
(a) the American Association of Blood Banks, or a successor to its functions;
(b) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(c) an accrediting body designated by the federal Secretary of Health and Human Services.
(2) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 504 - Report of genetic testing.

78B-15-504.
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 laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(a) the names and photographs of the individuals whose specimens have been taken;
(b) the names of the individuals who collected the specimens;
(c) the places and dates the specimens were collected;
(d) the names of the individuals who received the specimens in the testing laboratory;
(e) the dates the specimens were received; and
(f) the fingerprints of the individuals whose specimens have been taken.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 505 - Genetic testing results -- Rebuttal.

78B-15-505.
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:
(a) the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
(b) a combined paternity index of at least 100 to 1.
(2) A man identified under Subsection (1) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this part which:
(a) excludes the man as a genetic father of the child; or
(b) identifies another man as the possible father of the child.
(3) If an issue is raised as to whether the appropriate ethnic or racial group database was used by the testing laboratory, the testing laboratory will be asked to rerun the test using the correct ethnic or racial group database. If the testing laboratory does not have an adequate database, another testing laboratory may be engaged to perform the calculations.
(4) If a presumption of paternity is not rebutted by a second test, the tribunal shall issue an order establishing paternity.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 506 - Costs of genetic testing.

78B-15-506.
Costs of genetic testing.
(1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of initial genetic testing shall 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 request;
(c) as agreed by the parties; or
(d) as ordered by the tribunal.
(2) In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 507 - Additional genetic testing.

78B-15-507.
Additional genetic testing.
The tribunal 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 78B-15-505, the tribunal may not order additional testing unless the party provides advance payment for the testing. If the tribunal orders a second genetic test in accordance with this section, the additional testing must be completed within 45 days of the tribunal's order or the requesting party's objection to the first test will be automatically denied. If failure to complete the test occurs because of noncooperation of the mother or unavailability of the child, the time will be tolled.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 508 - Genetic testing when specimens not available.

78B-15-508.
Genetic testing when specimens not available.
(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 extraordinary circumstances the tribunal considers to be just, the tribunal may order the following individuals to submit specimens for genetic testing:
(a) the parents of the man;
(b) brothers and sisters of the man;
(c) other children of the man and their mothers; and
(d) other relatives of the man necessary to complete genetic testing.
(2) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 510 - Identical brothers.

78B-15-510.
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 each brother satisfies the requirements as the identified father of the child under Section 78B-15-505 without consideration of another identical brother being identified as the father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 5 - Genetic Testing › Section 511 - Confidentiality of genetic testing.

78B-15-511.
Confidentiality of genetic testing.
Release of the report of genetic testing for parentage is controlled by Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 601 - Proceeding authorized -- Definition.

78B-15-601.
Proceeding authorized -- Definition.
(1) An adjudicative proceeding may be maintained to determine the parentage of a child. A judicial proceeding is governed by the rules of civil procedure. An administrative proceeding is governed by Title 63G, Chapter 4, Administrative Procedures Act.
(2) For the purposes of this part, "divorce" also includes an annulment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 602 - Standing to maintain proceeding.

78B-15-602.
Standing to maintain proceeding.
Subject to Part 3, Voluntary Declaration of Paternity Act, and Sections 78B-15-607 and 78B-15-609, 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 or other governmental agency authorized by other law;
(5) an authorized adoption agency or licensed child-placing agency;
(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) an intended parent under Part 8, Gestational Agreement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 603 - Parties to proceeding.

78B-15-603.
Parties to proceeding.
The following individuals shall be joined as parties in a proceeding to adjudicate parentage:
(1) the mother of the child;
(2) a man whose paternity of the child is to be adjudicated; and
(3) the state pursuant to Section 78B-12-113.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 604 - Personal jurisdiction.

78B-15-604.
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 nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 78B-14-201 are fulfilled, or the individual has signed a declaration of paternity.
(3) Lack of jurisdiction over one individual does not preclude the tribunal from making an adjudication of parentage binding on another individual over whom the tribunal has personal jurisdiction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 605 - Venue.

78B-15-605.
Venue.
Venue for a judicial 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 father's estate has been commenced.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 606 - No limitation -- Child having no declarant or adjudicated father.

78B-15-606.
No limitation -- Child having no declarant or adjudicated father.
A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. If initiated after the child becomes an adult, only the child may initiate the proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 607 - Limitation -- Child having presumed father.

Effective 5/9/2017
78B-15-607.
Limitation -- Child having presumed father.
(1) Paternity of a child conceived or born during a marriage with a presumed father, as described in Subsection 78B-15-204(1)(a), (b), or (c), may be raised by the presumed father, the mother, or a support enforcement agency at any time before filing an action for divorce or in the pleadings at the time of the divorce of the parents.
(a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the tribunal in accordance with Section 78B-15-608. Failure of the mother of the child to appear for testing may result in an order allowing a motherless calculation of paternity. Failure of the mother to make the child available may not result in a determination that the presumed father is not the father, but shall allow for appropriate proceedings to compel the cooperation of the mother. If the question of paternity has been raised in the pleadings in a divorce and the tribunal addresses the issue and enters an order, the parties are estopped from raising the issue again, and the order of the tribunal may not be challenged on the basis of material mistake of fact.
(b) If the presumed father seeks to rebut the presumption of paternity, then denial of a motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence.
(c) If the mother seeks to rebut the presumption of paternity, the mother has the burden to show by a preponderance of the evidence that it would be in the best interests of the child to disestablish the parent-child relationship.
(d) If a support enforcement agency seeks to rebut the presumption of parentage and the presumptive parent opposes the rebuttal, the agency's request shall be denied. Otherwise, the denial of the agency's motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence, taking into account the best interests of the child.
(2) For the presumption outside of marriage described in Subsection 78B-15-204(1)(d), the presumption may be rebutted at any time if the tribunal determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception.
(3) The presumption may be rebutted by:
(a) genetic test results that exclude the presumed father;
(b) genetic test results that rebuttably identify another man as the father in accordance with Section 78B-15-505;
(c) evidence that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; or
(d) an adjudication under this part.
(4) There is no presumption to rebut if the presumed father was properly served and there has been a final adjudication of the issue.
Amended by Chapter 156, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 608 - Authority to deny motion for genetic testing or disregard test results.

78B-15-608.
Authority to deny motion for genetic testing or disregard test results.
(1) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having a declarant father, the tribunal may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or declarant father, or if testing has been completed, the tribunal may disregard genetic test results that exclude the presumed or declarant father if the tribunal determines that:
(a) the conduct of the mother or the presumed or declarant father estops that party from denying parentage; and
(b) it would be inequitable to disrupt the father-child relationship between the child and the presumed or declarant father.
(2) In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section, the tribunal shall consider the best interest of the child, including the following factors:
(a) the length of time between the proceeding to adjudicate parentage and the time that the presumed or declarant father was placed on notice that he might not be the genetic father;
(b) the length of time during which the presumed or declarant father has assumed the role of father of the child;
(c) the facts surrounding the presumed or declarant father's discovery of his possible nonpaternity;
(d) the nature of the relationship between the child and the presumed or declarant father;
(e) the age of the child;
(f) the harm that may result to the child if presumed or declared paternity is successfully disestablished;
(g) the nature of the relationship between the child and any alleged father;
(h) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(i) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or declarant father or the chance of other harm to the child.
(3) If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed or declarant father, it shall issue an order adjudicating the presumed or declarant father to be the father of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 609 - Limitation -- Child having declarant father.

78B-15-609.
Limitation -- Child having declarant father.
(1) If a child has a declarant father, a signatory to the declaration of paternity or denial of paternity or a support-enforcement agency may commence a proceeding seeking to rescind the declaration or denial or challenge the paternity of the child only within the time allowed under Section 78B-15-306 or 78B-15-307.
(2) A proceeding under this section is subject to the application of the principles of estoppel established in Section 78B-15-608.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 610 - Joinder of judicial proceedings -- Court reliance of custody and parent-time standards.

Effective 5/14/2019
78B-15-610.
Joinder of judicial proceedings -- Court reliance of custody and parent-time standards.
(1) Except as otherwise provided in Subsection (2), a judicial 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 administration of an estate, or other appropriate proceeding.
(2) A respondent may not join a proceeding described in Subsection (1) with a proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act.
(3) A court may rely on Title 30, Chapter 3, Divorce, in determining issues related to custody or parent-time.
Amended by Chapter 188, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 611 - Proceeding before birth.

78B-15-611.
Proceeding before birth.
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 Section 78B-15-502, collection of specimens for genetic testing.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 612 - Minor as party -- Representation.

Effective 9/1/2021
78B-15-612.
Minor as party -- Representation.
(1) A minor is a permissible party, but is not a necessary party to a proceeding under this part.
(2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803, or a private attorney guardian ad litem under Section 78A-2-705, to represent a minor or incapacitated child if the child is a party.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 613 - Admissibility of results of genetic testing -- Expenses.

78B-15-613.
Admissibility of results of genetic testing -- Expenses.
(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 14 days after its receipt by the objecting party and cites specific grounds for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The admissibility of the report is not affected by whether the testing was performed:
(a) voluntarily or pursuant to an order of the tribunal; or
(b) before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party offering the testimony bears the expense for the expert testifying.
(3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(a) pursuant to Section 78B-15-503;
(b) within the time periods set forth in this chapter; and
(c) pursuant to a tribunal order or administrative process; or
(d) with the consent of both the mother and the presumed or declarant father.
(4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in Sections 78B-15-607 and 78B-15-608.
(5) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
(a) the amount of the charges billed; and
(b) that the charges were reasonable, necessary, and customary.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 614 - Consequences of failing to submit to genetic testing.

78B-15-614.
Consequences of failing to submit to genetic testing.
(1) An order for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined fails to submit to genetic testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to the position of that individual.
(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or fails to submit to genetic testing, the tribunal may order the testing of the child and every man who is potentially the father of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 615 - Admission of paternity authorized.

78B-15-615.
Admission of paternity authorized.
(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 tribunal finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the tribunal shall issue an order adjudicating the child to be the child of the man admitting paternity.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 616 - Temporary order.

78B-15-616.
Temporary order.
(1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(a) a presumed father of the child;
(b) petitioning to have his paternity adjudicated;
(c) identified as the father through genetic testing under Section 78B-15-505;
(d) an alleged father who has failed to submit to genetic testing;
(e) shown by clear and convincing evidence to be the father of the child; or
(f) the mother of the child.
(2) A temporary tribunal order may include provisions for custody and visitation as provided by other laws of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 617 - Rules for adjudication of paternity.

78B-15-617.
Rules for adjudication of paternity.
The tribunal shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, declarant, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 78B-15-505 must be adjudicated the father of the child, unless an exception is granted under Section 78B-15-608.
(3) If the tribunal finds that genetic testing under Section 78B-15-505 neither identifies nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that event, the tribunal shall order further testing.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man properly excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 618 - Adjudication of parentage -- Jury trial prohibited.

78B-15-618.
Adjudication of parentage -- Jury trial prohibited.
A jury trial is prohibited to adjudicate paternity of a child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 619 - Adjudication of parentage -- Hearings -- Inspection of records.

78B-15-619.
Adjudication of parentage -- Hearings -- Inspection of records.
(1) On request of a party and for good cause shown, the tribunal may close a proceeding under this part.
(2) A final order in a proceeding under this part is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the tribunal for good cause.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 620 - Adjudication of parentage -- Order on default.

78B-15-620.
Adjudication of parentage -- Order on default.
The tribunal shall issue an order adjudicating the paternity of a man who:
(1) after service of process, is in default; and
(2) is found by the tribunal to be the father of a child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 621 - Adjudication of parentage -- Dismissal for want of prosecution.

78B-15-621.
Adjudication of parentage -- Dismissal for want of prosecution.
The tribunal may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 622 - Order adjudicating parentage.

78B-15-622.
Order adjudicating parentage.
(1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(2) An order adjudicating parentage must identify the child by name and date of birth.
(3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, necessary travel, and other reasonable expenses incurred in a proceeding under this part. The tribunal may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
(4) The tribunal may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except as provided by law.
(5) On request of a party and for good cause shown, the tribunal may order that the name of the child be changed.
(6) If the order of the tribunal is at variance with the child's birth certificate, the tribunal shall order the Office of Vital Records to issue an amended birth registration.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 6 - Adjudication of Parentage › Section 623 - Binding effect of determination of parentage.

78B-15-623.
Binding effect of determination of parentage.
(1) Except as otherwise provided in Subsection (2), a determination of parentage is binding on:
(a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary Declaration of Paternity Act; and
(b) all parties to an adjudication by a tribunal acting under circumstances that satisfy the jurisdictional requirements of Section 78B-14-201.
(2) A child is not bound by a determination of parentage under this chapter unless:
(a) the determination was based on an unrescinded declaration of paternity and the declaration is consistent with the results of genetic testing;
(b) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(c) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an adjudication of the parentage of a child if the question of paternity is raised and the tribunal adjudicates according to Part 6, Adjudication of Parentage, and the final order:
(a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(b) provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(4) The tribunal is not considered to have made an adjudication of the parentage of a child if the child was born at the time of entry of the order and other children are named as children of the marriage, but that child is specifically not named.
(5) Once the paternity of a child has been adjudicated, an individual who was not a party to the paternity proceeding may not challenge the paternity, unless:
(a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
(b) the challenger can demonstrate by clear and convincing evidence that the challenger did not know about the adjudicatory proceeding or did not have a reasonable opportunity to know of the proceeding; and
(c) there would be harm to the child to leave the order in place.
(6) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 701 - Scope.

78B-15-701.
Scope.
This part does not apply to the birth of a child conceived by means of sexual intercourse, or as result of a gestational agreement as provided in Part 8, Gestational Agreement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 702 - Parental status of donor.

78B-15-702.
Parental status of donor.
A donor is not a parent of a child conceived by means of assisted reproduction.
Renumbered and Amended by Chapter 3, 2008 General Session