(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.

Terms Used In Utah Code 78B-15-510

  • Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
  • Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
(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

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