Adjudication of Parentage

Utah Code tit. 81, ch. 81-5, pt. 81-5-P6

in effect

Utah Code § 81-5-601 Definitions for part -- Proceeding authorized.

81-5-601. Definitions for part -- Proceeding authorized. (1) As used in this part, "divorce" includes an annulment. (2) An adjudicative proceeding may be maintained to determine the parentage of a child. (3) A judicial proceeding is governed by the Utah Rules of Civil Procedure. (4) An administrative proceeding is governed by Title 63G, Chapter 4, Administrative Procedures Act. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-602 Standing to maintain proceeding.

81-5-602. Standing to maintain proceeding. Subject to Part 3, Voluntary Declaration of Paternity, and Sections 81-5-607 and 81-5-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the birth mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4) the child support services agency or other governmental agency authorized by other law; (5) an authorized adoption agency or licensed child-placing agency; (6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor child; or (7) an intended parent under Part 8, Gestational Agreement. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-603 Parties to proceeding.

81-5-603. Parties to proceeding. The following individuals shall be joined as parties in a proceeding to adjudicate parentage: (1) the birth mother of the child; (2) a man whose paternity of the child is to be adjudicated; and (3) the state in accordance with Section 81-6-106. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-604 Personal jurisdiction.

81-5-604. Personal jurisdiction. (1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual. (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 81-8-201 are fulfilled, or the individual has signed a declaration of paternity. (3) Lack of jurisdiction over one individual does not preclude the tribunal from making an adjudication of parentage binding on another individual over whom the tribunal has personal jurisdiction. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-605 Venue for a parentage proceeding.

81-5-605. Venue for a parentage proceeding. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a proceeding to adjudicate parentage in the county in which: (a) the child resides or is found; (b) the respondent resides or is found if the child does not reside in this state; or (c) a proceeding for probate or administration of the presumed or alleged father's estate has been commenced. (2) Subsection (1) does not apply to a proceeding brought in the Business and Chancery Court. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-606 No limitation -- Child having no declarant or adjudicated father.

81-5-606. No limitation -- Child having no declarant or adjudicated father. (1) A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. (2) If initiated after the child becomes an adult, only the child may initiate the proceeding. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-607 Limitation -- Child having presumed father.

81-5-607. Limitation -- Child having presumed father. (1) (a) Parentage of a child conceived or born during a marriage with a presumed father, as described in Subsection 81-5-204(1)(a), (b), or (c) may be raised by the presumed father, the birth mother, or a child support services agency at any time before filing an action for divorce or in the pleadings at the time of the divorce of the parents. (b) (i) If the issue is raised prior to the adjudication, genetic testing may be ordered by the tribunal in accordance with Section 81-5-608. (ii) Failure of the birth mother of the child to appear for testing may result in an order allowing a motherless calculation of parentage. (iii) Failure of the birth mother to make the child available may not result in a determination that the presumed father is not the father, but shall allow for appropriate proceedings to compel the cooperation of the birth mother. (iv) If the question of parentage has been raised in the pleadings in a divorce and the tribunal addresses the issue and enters an order, the parties are estopped from raising the issue again, and the order of the tribunal may not be challenged on the basis of material mistake of fact. (c) If the presumed father seeks to rebut the presumption of parentage, then denial of a motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence. (d) If the birth mother seeks to rebut the presumption of parentage, the birth mother has the burden to show by a preponderance of the evidence that it would be in the best interests of the child to disestablish the parent-child relationship. (e) (i) If a child support services agency seeks to rebut the presumption of parentage and the presumed father opposes the rebuttal, the agency's request shall be denied. (ii) Otherwise, the denial of the agency's motion seeking an order for genetic testing or a decision to disregard genetic test results shall be based on a preponderance of the evidence, taking into account the best interests of the child. (2) For the presumption outside of marriage described in Subsection 81-5-204(1)(d), the presumption may be rebutted at any time if the tribunal determines that the presumed father and the birth mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception. (3) The presumption may be rebutted by: (a) genetic test results that exclude the presumed father; (b) genetic test results that rebuttably identify another man as the father in accordance with Section 81-5-505; (c) evidence that the presumed father and the birth mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; or (d) an adjudication under this part. (4) There is no presumption to rebut if the presumed father was properly served and there has been a final adjudication of the issue. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-608 Authority to deny motion for genetic testing or disregard test results.

81-5-608. Authority to deny motion for genetic testing or disregard test results. (1) As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of the child. (2) In a proceeding to adjudicate the parentage of a child, the tribunal may: (a) deny a motion seeking an order for genetic testing; or (b) disregard the genetic test results that exclude the presumed father, declarant father, or possible father if testing has been completed and the tribunal determines that: (i) the conduct of the birth mother or the presumed father, declarant father, or possible father estops that party from denying parentage; and (ii) it would be inequitable to disrupt the parent-child relationship between the child and the presumed father, declarant father, or possible father. (3) 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 father, declarant father, or possible father was placed on notice that the presumed father, declarant father, or possible father might not be the genetic father of the child; (b) the length of time during which the presumed father, declarant father, or possible father has assumed the role of parent of the child; (c) the facts surrounding the presumed father's, declarant father's, or possible father's discovery of the their possible nonparentage; (d) the nature of the relationship between the child and the presumed father, declarant father, or possible father; (e) the age of the child; (f) the harm that may result to the child if presumed or declared parentage 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 parentage of another individual 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 parent-child relationship between the child and the presumed father, declarant father, or possible father or the chance of other harm to the child. (4) If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed father, declarant father, or possible father, the tribunal shall issue an order adjudicating the presumed father, declarant father, or possible father to be the father of the child. Amended by Chapter 155, 2026 General Session

Utah Code § 81-5-609 Limitation -- Child having declarant father.

81-5-609. Limitation -- Child having declarant father. (1) If a child has a declarant father, a signatory to the declaration of paternity or denial of paternity or a child support services agency may commence a proceeding seeking to rescind the declaration or denial or challenge the parentage of the child only within the time allowed under Section 81-5-306 or 81-5-307. (2) A proceeding under this section is subject to the application of the principles of estoppel established in Section 81-5-608. Amended by Chapter 155, 2026 General Session

Utah Code § 81-5-610 Joinder of judicial proceedings -- Court reliance of custody and parent-time standards.

81-5-610. Joinder of judicial proceedings -- Court reliance of custody and parent-time standards. (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate, or other appropriate proceeding. (2) A respondent may not join a proceeding described in Subsection (1) with a proceeding to adjudicate parentage brought under Chapter 8, Uniform Interstate Family Support Act. (3) A court may determine issues of custody, parent-time, visitation, and child support in accordance with Chapter 6, Child Support, Chapter 7, Payment and Enforcement of Spousal and Child Support, and Chapter 9, Custody, Parent-time, and Visitation. (4) (a) If a parentage action is determining issues of custody or parent-time for a child and the parents of the child are not married, the parties shall attend the mandatory parenting course described in Subsection 81-9-103(1)(b) within: (i) for the petitioner, 60 days after the day on which the petition is filed; and (ii) for the respondent, 30 days after the day on which the respondent is served. (b) The clerk of the court shall provide notice to a petitioner that the petitioner is required to attend the parenting course. (c) A petition shall include information regarding the parenting course when the petition is served on the respondent. (d) The court may not grant a final custody or parent-time order in a parentage action until: (i) both parties have attended the parenting course; and (ii) both parties have presented a certificate of course completion to the court. (5) For a party that is unable to pay the costs of the parenting course, and before the court enters an order for custody or parent-time in the parentage action, the court shall: (a) make a final determination of indigency; and (b) order the party to pay the costs of the parenting course if the court determines the party is not indigent. (6) (a) Notwithstanding Subsection (4), the court may waive the requirement that the parties attend the parenting course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties. (b) If the requirement is waived, the court may proceed with entering a final custody or parent-time order. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-611 Proceeding before birth.

81-5-611. Proceeding before birth. (1) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. (2) The following actions may be taken before the birth of the child: (a) service of process; (b) discovery; and (c) except as prohibited by Section 81-5-502, collection of specimens for genetic testing. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-612 Minor child as party -- Representation.

81-5-612. Minor child as party -- Representation. (1) A minor child is a permissible party, but is not a necessary party to a proceeding under this part. (2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803, or a private attorney guardian ad litem under Section 78A-2-705, to represent a minor child or an incapacitated child if the child is a party. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-613 Admissibility of results of genetic testing -- Expenses.

81-5-613. Admissibility of results of genetic testing -- Expenses. (1) (a) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. (b) Unless a party files a timely objection, testimony shall be in affidavit form. (c) The admissibility of the report is not affected by whether the testing was performed: (i) voluntarily or pursuant to an order of the tribunal; or (ii) before or after the commencement of the proceeding. (2) (a) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the tribunal. (b) Unless otherwise ordered by the tribunal, the party offering the testimony bears the expense for the expert testifying. (3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (a) in accordance with Section 81-5-503; (b) within the time periods described in this chapter; (c) pursuant to a tribunal order or administrative process; or (d) with the consent of both the mother and the presumed or declarant father. (4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge parentage except as set forth in Sections 81-5-607 and 81-5-608. (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the birth mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish: (a) the amount of the charges billed; and (b) that the charges were reasonable, necessary, and customary. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-614 Consequences of failing to submit to genetic testing.

81-5-614. Consequences of failing to submit to genetic testing. (1) An order for genetic testing is enforceable by contempt. (2) If an individual whose parentage is being determined fails to submit to genetic testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to the position of that individual. (3) (a) Genetic testing of the birth mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. (b) If the birth mother is unavailable or fails to submit to genetic testing, the tribunal may order the testing of the child and every man who is potentially the father of the child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-615 Admission of parentage authorized.

81-5-615. Admission of parentage authorized. (1) A respondent in a proceeding to adjudicate parentage may admit to the parentage of a child by filing a pleading to that effect or by admitting parentage under penalty of perjury when making an appearance or during a hearing. (2) If the tribunal finds that the admission of parentage satisfies the requirements of this section and finds that there is no reason to question the admission, the tribunal shall issue an order adjudicating the child to be the child of the man admitting parentage. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-616 Temporary order.

81-5-616. Temporary order. (1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (a) a presumed father of the child; (b) petitioning to be adjudicated a parent; (c) identified as the father through genetic testing under Section 81-5-505; (d) an alleged father who has failed to submit to genetic testing; (e) shown by clear and convincing evidence to be the father of the child; or (f) the birth mother of the child. (2) A temporary tribunal order may include provisions for custody and visitation as provided by other laws of this state. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-617 Requirements for adjudication of parentage.

81-5-617. Requirements for adjudication of parentage. (1) In an adjudication of the parentage of a child, the tribunal may only disprove the parentage of a child having a presumed father, declarant father, or adjudicated father if there are admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. (2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, or except as provided in Section 81-5-608, the tribunal shall adjudicate a man identified as the father of a child under Section 81-5-505 as the father of the child. (3) If the tribunal finds that genetic testing under Section 81-5-505 does not identify or exclude a man as the father of a child, the tribunal: (a) may not dismiss the proceeding; and (b) shall order further testing. (4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, or except as provided in Section 81-5-608, the tribunal shall adjudicate a man properly excluded as the father of a child by genetic testing to not be the father of the child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-618 Adjudication of parentage -- Jury trial prohibited.

81-5-618. Adjudication of parentage -- Jury trial prohibited. A jury trial is prohibited to adjudicate parentage of a child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-619 Adjudication of parentage -- Hearings -- Inspection of records.

81-5-619. Adjudication of parentage -- Hearings -- Inspection of records. (1) On request of a party and for good cause shown, the tribunal may close a proceeding under this part. (2) A final order in a proceeding under this part is available for public inspection. (3) Other papers and records are available only with the consent of the parties or on order of the tribunal for good cause. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-620 Adjudication of parentage -- Order on default.

81-5-620. Adjudication of parentage -- Order on default. The tribunal shall issue an order adjudicating the parentage of a man who: (1) after service of process, is in default; and (2) is found by the tribunal to be the father of a child. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-621 Adjudication of parentage -- Dismissal for want of prosecution.

81-5-621. Adjudication of parentage -- Dismissal for want of prosecution. (1) The tribunal may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. (2) An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-622 Order adjudicating parentage.

81-5-622. Order adjudicating parentage. (1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (2) An order adjudicating parentage must identify the child by name and date of birth. (3) (a) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, necessary travel, and other reasonable expenses incurred in a proceeding under this part. (b) The tribunal may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name. (4) The tribunal may not assess fees, costs, or expenses against the child support services agency of this state or another state, except as provided by law. (5) On request of a party and for good cause shown, the tribunal may order that the name of the child be changed. (6) If the order of the tribunal is at variance with the child's birth certificate, the tribunal shall order the Office of Vital Records and Statistics to issue an amended birth registration. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-5-623 Binding effect of determination of parentage.

81-5-623. Binding effect of determination of parentage. (1) Except as otherwise provided in Subsection (2), a determination of parentage is binding on: (a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary Declaration of Paternity; and (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy the jurisdictional requirements of Section 81-8-201. (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 parentage is raised and the tribunal adjudicates according to this part 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 parentage 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 parentage of a child has been adjudicated, an individual who was not a party to the parentage proceeding may not challenge the parentage, 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 parentage may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review. (7) A party to an adjudication may not bring a challenge under Subsection (6) if the party committed the fraud. 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-P6.html?v=C81-5-P6_2025090120250507Fetched: 10/26/2026