| (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 child, and the presumed or declarant father, or if testing has been completed, the tribunal may disregard genetic test results that exclude the presumed or declarant father if the tribunal determines that:
Terms Used In Utah Code 78B-15-608- Alleged father: means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. See Utah Code 78B-15-102
- Child: means an individual of any age whose parentage may be determined under this chapter. 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Presumed father: means a man who, by operation of law under Section 78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as set forth in this chapter. 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
| (a) |
the conduct of the mother or the presumed or declarant father estops that party from denying parentage; and |
| (b) |
it would be inequitable to disrupt the father-child relationship between the child and the presumed or declarant father. |
|
| (2) |
In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section, the tribunal shall consider the best interest of the child, including the following factors:
| (a) |
the length of time between the proceeding to adjudicate parentage and the time that the presumed or declarant father was placed on notice that he might not be the genetic father; |
| (b) |
the length of time during which the presumed or declarant father has assumed the role of father of the child; |
| (c) |
the facts surrounding the presumed or declarant father’s discovery of his possible nonpaternity; |
| (d) |
the nature of the relationship between the child and the presumed or declarant father; |
| (e) |
the age of the child; |
| (f) |
the harm that may result to the child if presumed or declared paternity is successfully disestablished; |
| (g) |
the nature of the relationship between the child and any alleged father; |
| (h) |
the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and |
| (i) |
other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or declarant father or the chance of other harm to the child. |
|
| (3) |
If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed or declarant father, it shall issue an order adjudicating the presumed or declarant father to be the father of the child. |
Renumbered and Amended by Chapter 3, 2008 General Session
