(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.

Terms Used In Utah Code 78B-15-307

  • Commence: means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state. See Utah Code 78B-15-102
  • Declarant father: means a male who, along with the biological mother claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. See Utah Code 78B-15-102
  • Fraud: Intentional deception resulting in injury to another.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Signatory: means an individual who authenticates a record and is bound by its terms. See Utah Code 78B-15-102
  • Support-enforcement agency: means a public official or agency authorized under Title IV-D of the Social Security Act which has the authority to seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child support;
(c) determination of parentage; or
(d) location of child-support obligors and their income and assets. See Utah Code 78B-15-102
(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

  Previous section
Next section  
 Part 3 Contents