If the court orders genetic testing
If the court grants the Motion for Genetic Testing (or if the parties agree to testing), the parties must choose a laboratory for testing and make arrangements to pay for the cost of testing.
Choosing the laboratory
The parties are responsible for finding an accredited laboratory to complete the genetic testing. Two agencies that can provide accreditation to a laboratory are:
Utah Code 78B-15-503.
Costs for genetic testing
The initial costs for court-ordered testing are usually paid by the person asking for the test. However, the court can order either party to pay for the test or order the parties to split the costs. The parties can also decide between themselves who will pay.
Testing an unborn child
A judge cannot order genetic testing on an unborn child. A judge can order the test be conducted after the child is born.
Results of genetic testing
The law assumes that a man is the biological father of a child if a genetic testing report shows he has a 99% probability of paternity and a combined paternity index of at least 100 to 1. Utah Code 78B-15-505.
If the results of genetic testing confirm that a man is the biological father of a child the case will proceed and the court will eventually enter an order confirming the father-child relationship.
If the results of genetic testing confirm the man is not the biological father of the child, there are a few possible outcomes.
The court considers more than the test results
Even though a paternity test shows a man is the not the biological father of a child, the court can ignore the test results. If the court determines that, considering the best interests of the child, the man historically acted as the father to the child or if doing so would disrupt the father-child relationship the court has the power to ignore the test results. The court would then enter an order confirming the man as the legal father of the child.
Utah Code 78B-15-608.
Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing
If the genetic test indicates that a man is not the biological father of the child and the judge accepts the results, either party can file a Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing to ask the judge to make a decision on the case.
The Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing could end the entire case, or it might just remove one child from the case.
Forms to file a Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing are available in the Forms section below. Choose the correct forms based on whether or not the case is before a judge or a commissioner. See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.
Changing a birth certificate
The court can order that a father be added or removed from a child's birth certificate as part of an order granting summary judgment. However, the Utah Office of Vital Records may require that the order contain specific information in order to change the birth certificate. More information required by the Utah Office of Vital Records and Statistics to make changes to birth certificates is available on the Utah Office of Vital Records and Statistic's website.
Use OCAP to prepare the documents, or use the forms below.
The forms you need depend on your case. What is your case about?