Voluntary Declaration of Paternity

Utah Code tit. 81, ch. 81-5, pt. 81-5-P3

in effect

Utah Code § 81-5-301 Declaration of paternity.

81-5-301. Declaration of paternity. The birth mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the paternity of the child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-302 Execution of declaration of paternity.

81-5-302. Execution of declaration of paternity. (1) A declaration of paternity described in Section 81-5-301 must: (a) be in a record; (b) be signed, or otherwise authenticated, under penalty of perjury, by the birth mother and by the declarant father; (c) be signed by the birth mother and declarant father in the presence of two witnesses who are not related by blood or marriage; (d) state that the child whose paternity is being declared: (i) does not have a presumed father, or has a presumed father whose full name is stated; and (ii) does not have another declarant or adjudicated father; (e) state whether there has been genetic testing and, if so, that the declarant man's claim of paternity is consistent with the results of the testing; and (f) state that the signatories understand that the declaration is the equivalent of a legal finding of paternity of the child and that a challenge to the declaration is permitted only under the limited circumstances described in Section 81-5-307. (2) If the birth mother or the declarant father is a minor child, the voluntary declaration must also be signed by that minor child's parent or legal guardian. (3) A declaration of paternity is void if the declaration of paternity: (a) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Records and Statistics in accordance with Section 81-5-303; (b) states that another man is a declarant or adjudicated father; or (c) falsely denies the existence of a presumed, declarant, or adjudicated father of the child. (4) A presumed father may sign or otherwise authenticate a declaration of paternity. (5) The declaration of paternity shall be: (a) in a form prescribed by the Office of Vital Records and Statistics; and (b) accompanied with a written and verbal notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration. (6) The social security number of any individual who is subject to declaration of paternity shall be placed in the records relating to the matter. (7) (a) The declaration of paternity shall become an amendment to the original birth certificate. (b) The original certificate and the declaration shall be marked as to be distinguishable. (c) The declaration may be included as part of subsequently issued certified copies of the birth certificate. (d) Alternatively, electronically issued copies of a certificate may reflect the amended information and the date of the amendment only. (8) (a) A declaration of paternity may be completed and signed any time after the birth of the child. (b) A declaration of paternity may not be signed or filed after consent to or relinquishment for adoption has been signed. (9) A declaration of paternity shall be considered effective when filed and entered into a database established and maintained by the Office of Vital Records and Statistics. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-303 Denial of paternity.

81-5-303. Denial of paternity. (1) A presumed or declarant father may sign a denial of the presumed or declarant father's paternity. (2) The denial is valid only if: (a) a declaration of paternity signed, or otherwise authenticated, by another man is filed in accordance with Section 81-5-305; (b) the denial is in a form prescribed by and filed with the Office of Vital Records and Statistics and is signed, or otherwise authenticated, under penalty of perjury; and (c) the presumed or declarant father has not previously: (i) declared the presumed or declarant father's paternity, unless the previous declaration has been rescinded in accordance with Section 81-5-306 or successfully challenged in accordance with Section 81-5-307; or (ii) been adjudicated to be the father of the child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-304 Rules for declaration and denial of paternity.

81-5-304. Rules for declaration and denial of paternity. (1) (a) A declaration of paternity and a denial of paternity shall be contained in a single document. (b) If the declaration of paternity and the denial of paternity are both necessary, neither is valid until both are signed and filed. (2) A declaration of paternity or a denial of paternity may not be signed before the birth of the child. (3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Office of Vital Records and Statistics, whichever occurs later. (4) A declaration of paternity or denial of paternity signed by a minor and by the minor's parent or legal guardian is valid if the declaration of paternity or the denial of paternity is otherwise in compliance with this chapter. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-305 Effect of declaration or denial of paternity.

81-5-305. Effect of declaration or denial of paternity. (1) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid declaration of paternity filed with the Office of Vital Records and Statistics is equivalent to a legal finding of parentage of a child and confers upon the declarant father all of the rights and duties of a parent. (2) (a) When a declaration of paternity is filed, the declaration of paternity shall be recognized as a basis for a child support order without any further requirement or proceeding regarding the establishment of parentage. (b) The liabilities of the declarant father include the reasonable expense of the birth mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child. (c) When a father declares paternity, the father's liability under Subsection (2)(a) for past amounts due is limited to the period of four years immediately preceding the date that the voluntary declaration of paternity was filed. (3) (a) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid denial of paternity by a presumed or declarant father filed with the Office of Vital Records and Statistics in conjunction with a valid declaration of paternity is equivalent to a legal finding of the nonparentage of the presumed or declarant father and discharges the presumed or declarant father from all rights and duties of a parent. (b) If a valid denial of paternity is filed with the Office of Vital Records and Statistics, the presumed or declarant father may not recover child support that was paid prior to the time of filing. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-306 Proceeding for rescission.

81-5-306. Proceeding for rescission. (1) A signatory may rescind a declaration of paternity or denial of paternity by filing a voluntary rescission document with the Office of Vital Records and Statistics in a form prescribed by the Office of Vital Records and Statistics before the earlier of: (a) 60 days after the effective date of the declaration or denial, as provided in Sections 81-5-303 and 81-5-304; or (b) the date of notice of the first adjudicative proceeding to which the signatory is a party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that establishes support. (2) Upon receiving a voluntary rescission document from a signatory under Subsection (1), the Office of Vital Records and Statistics shall provide notice of the rescission, by mail, to the other signatory at the last-known address of that signatory. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-307 Challenge after expiration of period for rescission.

81-5-307. Challenge after expiration of period for rescission. (1) After the period for rescission under Section 81-5-306 has expired, a signatory of a declaration of paternity or denial of paternity or a child support services agency, may commence a proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material mistake of fact. (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) 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 and Statistics. (b) For the purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records and Statistics before 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 81-5-505 constitute a material mistake of fact. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-308 Procedure for rescission or challenge.

81-5-308. Procedure for rescission or challenge. (1) Every signatory to a declaration of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the declaration or denial. (2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration or denial, effective upon the filing of the document with the Office of Vital Records and Statistics. (3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the legal responsibilities of a signatory arising from the declaration, including the duty to pay child support. (4) A proceeding to rescind or to challenge a declaration of paternity or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under Part 6, Adjudication of Parentage. (5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity or denial of paternity, the tribunal shall order the Office of Vital Records and Statistics to amend the birth record of the child, if appropriate. (6) If the declaration is rescinded, the declarant father may not recover child support that was paid prior to the entry of an order of rescission. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-309 Ratification barred.

81-5-309. Ratification barred. A tribunal or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged declaration of paternity. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-310 Full faith and credit.

81-5-310. Full faith and credit. A tribunal of this state shall give full faith and credit to a declaration of paternity or denial of paternity effective in another state if the declaration or denial has been signed and is otherwise in compliance with the law of the other state. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-311 Forms for declaration, denial, or rescission.

81-5-311. Forms for declaration, denial, or rescission. (1) To facilitate compliance with this part, the Office of Vital Records and Statistics shall prescribe forms for the declaration of paternity, the denial of paternity, and the rescission of a declaration of paternity. (2) A valid declaration of paternity or denial of paternity is not affected by a later modification of the prescribed form. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-312 Release of information.

81-5-312. Release of information. The Office of Vital Records and Statistics may release information relating to the declaration of paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and federal, tribal, and state child support services agencies of this state or another state. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-313 Rulemaking by Office of Vital Records and Statistics.

81-5-313. Rulemaking by Office of Vital Records and Statistics. The Office of Vital Records and Statistics may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this part. Renumbered and Amended by Chapter 426, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title81/Chapter5/81-5-P3.html?v=C81-5-P3_2025090120250507Fetched: 10/26/2026