Utah Adoption Laws, pg 5

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Putative Fathers

Does State have a Putative Father Registry:

• ''Adjudicated father'' means a man who has been adjudicated by a tribunal to be the father of a child.
• ''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.
• ''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.
• ''Determination of parentage'' means the establishment of the parent-child relationship by the signing of a valid declaration of paternity, Voluntary Declaration of Paternity, or adjudication by a tribunal.

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• All declarations of paternity
• All judicial and administrative determinations of paternity
• All notices of proceedings to establish paternity that are filed pursuant to §§ 78-30-4.13 and 78-30-4.14

A notice of initiation of paternity proceedings may not be accepted into the registry unless accompanied by a copy of the pleading that has been filed with the court to establish paternity. A notice of initiation of paternity proceedings may not be filed if another man is the adjudicated or declarant father.

Alternate means to establish paternity
Ann. Code §§ 78-45g-301; 78-45g-302; 78-45g-601; 78-45g-622

The 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. The declaration of paternity shall be in a form prescribed by the Office of Vital Records and shall be 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.

The declaration of paternity shall become an amendment to the original birth certificate. A declaration of paternity may be completed and signed any time after the birth of the child. A declaration of paternity may not be signed or filed after consent to or relinquishment for adoption has been signed.

The parentage of a child may also be determined at an adjudicative proceeding. The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

Required Information
Ann. Code § 78-45g-302

A declaration of paternity must:

• Be in a record
• Be signed by the birth mother and declarant father in the presence of two witnesses who are not related by blood or marriage
• State that the child whose paternity is being declared:
  • Does not have a presumed father, or has a presumed father whose full name is stated
  • Does not have another declarant or adjudicated father
• 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
• State that the signatories understand that the declaration is the equivalent of a legal finding of paternity of the child

If either the birth mother or the declarant father is a minor, the voluntary declaration must also be signed by that minor's parent or legal guardian.

A presumed father may sign or otherwise authenticate an acknowledgment of paternity. The Social Security number of any person who is subject to declaration of paternity shall be placed in the records relating to the matter.

Revocation of claim to paternity
Ann. Code §§ 78-45g-306; 78-45g-307

A signatory may rescind a declaration of paternity by filing a voluntary rescission document with the Office of Vital Records in a form prescribed by the office before the earlier of:

• 60 days after the effective date of the declaration
• 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

Upon receiving a voluntary rescission document from a signatory, the Office of Vital Records shall provide notice of the rescission, by mail, to the other signatory at the last-known address of that signatory. After the period for rescission has expired, a signatory of a declaration of paternity or a support-enforcement agency may commence a proceeding to challenge the declaration only on the basis of fraud, duress, or material mistake of fact. A party challenging a declaration of paternity or denial of paternity has the burden of proof.

A challenge brought on the basis of fraud or duress may be commenced at any time. A challenge brought on the basis of a material mistake of fact may be commenced within 4 years after the declaration is filed with the Office of Vital Records. Genetic test results that exclude a declarant father or that rebuttably identify another man as the father constitute a material mistake of fact.

Access to information
Ann. Code §§ 78-45g-312; 78-45g-405

The Office of Vital Records may release information relating to the declaration of paternity to a signatory of the declaration or denial and to tribunals and Federal, Tribal, and State support-enforcement agencies of this or another State.

The Office of Vital Records shall send a copy of the filing to a person or entity set forth below who has requested a copy. The copy of the filing shall be sent to the most recent address provided by the requestor.

Information contained in records that are filed pursuant to § 78-45g-401 is confidential and may be released on request only to:

• A tribunal or a person designated by the tribunal
• The mother of the child who is the subject of the filing
• An agency authorized by law to receive the information
• A licensed child-placing agency
• The Office of Recovery Services, the Office of the Attorney General, or a support-enforcement agency of another State or Tribe
• A party or the party's attorney of record in a proceeding under this chapter, a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the filing
• The registry of paternity in another State

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)