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. […]
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 […]
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
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
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 […]
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
