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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-45e-1 Chapter title.
This act is known as the "Voluntary Declaration of Paternity
Act."
1994
78-45e-2 Voluntary declaration of paternity.
(1) As used in this part:
(a) "Birth mother" means the biological mother of a child.
(b) "Declarant father" means a male who, with the biological mother, declares that he is the father of a child conceived as the result of sexual intercourse with the mother.
(c) "Pregnancy and confinement" means the costs of care for the biological mother during her pregnancy and delivery.
(d) "Presumptive father" means the father of a child conceived or born during a marriage.
(2) The mother of a child and a man who declares that he is the father of the child and that the child was conceived as a result of sexual intercourse with the mother may sign a declaration of paternity with the intent to establish the paternity of the child.
(3) (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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
2003
78-45e-3 Requirements for filing.
(1) A voluntary declaration of paternity may not be filed with the state registrar unless the declaration:
(a) states whether there has been genetic testing, and, if yes, that the declarant father's declaration of paternity is consistent with the results of the testing;
(b) is signed by the birth mother and declarant father in the presence of two witnesses who are not related; and
(c) the mother and declarant 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.
(2) In circumstances in which the birth mother was married at the time of the conception or birth of the child and a presumptive father exists, a voluntary declaration may not be finalized without the signature of the presumptive father.
(3) If either the birth mother or the declarant father
is a minor, the voluntary declaration must also be signed
by the minor's parent.
2003
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) Within the 60-day period, a voluntary declaration of paternity may be rescinded by filing a voluntary rescission document with the Office of Vital Records.
(b) 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.
(c) The legal responsibilities, including child support, of any signatory arising from the declaration may not be suspended during a challenge under Subsection (2)(b), 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.
2003
