Paternity

Paternity refers to fatherhood. When parents are married, the husband is automatically the legal father, with shared rights and responsibilities with the mother. However, if the parents are unmarried, the father must take steps to establish paternity to gain legal rights and responsibilities.

Adoption – Protecting Father’s Rights

A man involved in a sexual relationship with a woman should be aware that she might put the child up for adoption. To claim rights, an unmarried biological father must follow legal steps to establish paternity before an adoption proceeding occurs. These steps include filing a paternity case, completing a Notice of Commencement, and supporting the mother financially if possible.

Establishing Paternity in Utah

There are three main ways to establish paternity:

  1. Voluntary Declaration of Paternity (VDP): A form signed by both parents, which adds the father’s name to the birth certificate.

  2. Administrative Paternity Order: Issued when a parent applies for state assistance like TANF or Medicaid.

  3. Custody Order: A court order through a custody case to establish legal fatherhood.

Genetic Testing

Genetic testing is available to determine biological paternity. A court can order genetic testing if one party refuses to participate. The costs of the testing are typically paid by the requesting party, though the court can order different arrangements.

Changes to Birth Certificate

Once paternity is established, the court may order changes to the birth certificate, including adding or removing the father's name. Name changes for the child may also be requested in a parentage case, and the court will make the final decision based on the child’s best interests.

Custody, Parent-Time, and Child Support in Paternity Actions

Once paternity is established, the court can make orders regarding custody, parent time, and child support.

Are Divorce Records Public?

  • Divorce records are private now, but the divorce orders are public. Some information, like Social Security numbers or birth dates, is always private.