| (1) |
Except as otherwise provided in Subsection (2), a determination of parentage is binding on:
Terms Used In Utah Code 78B-15-623- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Determination of parentage: means the establishment of the parent-child relationship by the signing of a valid declaration of paternity under 3, or adjudication by a tribunal. 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.
- Fraud: Intentional deception resulting in injury to another.
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular possession subject to the jurisdiction of the United States. 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) |
all signatories to a declaration or denial of paternity as provided in 3; and |
| (b) |
all parties to an adjudication by a tribunal acting under circumstances that satisfy the jurisdictional requirements of Section 78B-14-201. |
|
| (2) |
A child is not bound by a determination of parentage under this chapter unless:
| (a) |
the determination was based on an unrescinded declaration of paternity and the declaration is consistent with the results of genetic testing; |
| (b) |
the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or |
| (c) |
the child was a party or was represented in the proceeding determining parentage by a guardian ad litem. |
|
| (3) |
In a proceeding to dissolve a marriage, the tribunal is considered to have made an adjudication of the parentage of a child if the question of paternity is raised and the tribunal adjudicates according to 6, and the final order:
| (a) |
expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child; or |
| (b) |
provides for support of the child by the husband unless paternity is specifically disclaimed in the order. |
|
| (4) |
The tribunal is not considered to have made an adjudication of the parentage of a child if the child was born at the time of entry of the order and other children are named as children of the marriage, but that child is specifically not named. |
| (5) |
Once the paternity of a child has been adjudicated, an individual who was not a party to the paternity proceeding may not challenge the paternity, unless:
| (a) |
the party seeking to challenge can demonstrate a fraud upon the tribunal; |
| (b) |
the challenger can demonstrate by clear and convincing evidence that the challenger did not know about the adjudicatory proceeding or did not have a reasonable opportunity to know of the proceeding; and |
| (c) |
there would be harm to the child to leave the order in place. |
|
| (6) |
A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review. |
Renumbered and Amended by Chapter 3, 2008 General Session
