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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
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.
1990
78-45a-2 Determination of paternity - Effect - Enforcement.
(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.
1997
78-45a-3 Limitation on recovery from the father.
The father's liabilities for past education and necessary
support are limited to a period of four years next preceding
the commencement of an action.
1965
78-45a-4 Limitations on recovery from father's estate.
The obligation of the estate of the father for liabilities
under this act are limited to amounts accrued prior to his
death and such sums as may be payable for dependency under
other laws.
1965
78-45a-5 Remedies.
(1) (a) The district court and the juvenile court have jurisdiction of an action to establish paternity, in accordance with the provisions of Section 78-3a-105 .
(b) Except as provided in Section 78-3a-105 , the district court has jurisdiction over all remedies for enforcement of judgments for expenses of pregnancy and confinement for a wife or for education, necessary support, or funeral expenses for legitimate children. The appropriate court has continuing jurisdiction to modify or revoke a judgment for future education and necessary support. All remedies under Title 78, Chapter 45f, Uniform Interstate Family Support Act, are available for enforcement of duties of support under this chapter.
(2) (a) The obligee may enforce his right of support against the obligor and the state may proceed on behalf of the obligee or in its own behalf, pursuant to the provisions of Title 62A, Chapter 11, Recovery Services, to enforce that right of support against the obligor.
(b) The provisions of Title 62A, Chapter 11, Recovery Services, apply in all actions by the state.
(c) Whenever the state commences an action under this chapter, it shall be the duty of the attorney general or the county attorney of the county where the obligee resides to represent the state. Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor, in carrying out his responsibilities under this chapter.
(3) Upon motion by a party, the district court shall issue a temporary order in a paternity action to require the payment of child support pending a determination of paternity if there is clear and convincing evidence of paternity in the form of genetic test results under Section 78-45a-7 or 78-45a-10 , or other evidence.
(4) The court may enter an order awarding costs, attorney fees, and witness fees in the manner prescribed by Section 30-3-3 upon a judgment or acknowledgment of paternity.
(5) Rule 55, Default Judgment, Utah Rules of Civil Procedure,
applies to paternity actions commenced under this chapter.
1998
78-45a-6 Time of trial.
If the issue of paternity is raised in action commenced
during the pregnancy of the mother, the trial shall not,
without the consent of the alleged father, be held until
after the birth or miscarriage but during such delay testimony
may be perpetuated according to the laws of this state.
1965
78-45a-6.5 Standard of proof.
The standard of proof in a trial to determine paternity
is "by a preponderance of the evidence."
1997
78-45a-7 Authority for genetic testing.
(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;
(ii) to be performed by a laboratory approved by such an accreditation body; and
(iii) to be performed by a laboratory that follows strict guidelines regarding chain of custody of evidence which includes obtaining photographs of the parties at the time samples are taken.
(b) Except as provided in Subsection (7), 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 the court orders a second genetic test in accordance with Subsection (4), the additional testing must be completed within no more than 45 days of the court'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.
(6) 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.
(7) 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
.
2003
78-45a-10 Effect of genetic test results.
(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.
1997
78-45a-10.5 Parent-time rights of father.
(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.
2001
78-45a-11 Judgment.
Judgments under this act may be for periodic payments
which may vary in amount. The court may order payments to
be made to the mother or to some person, corporation, or
agency designated to administer them under the supervision
of the court.
1965
78-45a-11.5 Social security number in court records.
The social security number of any individual who is subject
to a paternity determination shall be placed in the records
relating to the matter.
1997
78-45a-12 Security.
The court may require the alleged father to give bond
or other security for the payment of the judgment.
1965
78-45a-13 Settlement agreements.
An agreement of settlement with the alleged father is
binding only when approved by the court.
1965
78-45a-14 Venue.
An action under this act may be brought in the county
where the alleged father is present or has property or in
the county where the mother resides.
1965
78-45a-15 Uniformity of interpretation.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states
which enact it.
1965
78-45a-16 Short title.
This act shall be known and may be cited as the "Uniform
Act on Paternity."
1965
78-45a-17 Operation of act.
This act applies to all cases of birth out of wedlock
as defined in this act where birth occurs after this act
takes effect.
1965
