State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-15 > 78b-15-608

78B-15-608. Authority to deny motion for genetic testing or disregard test results.
(1) In a proceeding to adjudicate the parentage of a child having a presumed father or tochallenge the paternity of a child having a declarant father, the tribunal may deny a motionseeking an order for genetic testing of the mother, the child, and the presumed or declarant father,or if testing has been completed, the tribunal may disregard genetic test results that exclude thepresumed or declarant father if the tribunal determines that:
(a) the conduct of the mother or the presumed or declarant father estops that party fromdenying parentage; and
(b) it would be inequitable to disrupt the father-child relationship between the child andthe presumed or declarant father.
(2) In determining whether to deny a motion seeking an order for genetic testing or todisregard genetic test results under this section, the tribunal shall consider the best interest of thechild, including the following factors:
(a) the length of time between the proceeding to adjudicate parentage and the time thatthe presumed or declarant father was placed on notice that he might not be the genetic father;
(b) the length of time during which the presumed or declarant father has assumed the roleof father of the child;
(c) the facts surrounding the presumed or declarant father's discovery of his possiblenonpaternity;
(d) the nature of the relationship between the child and the presumed or declarant father;
(e) the age of the child;
(f) the harm that may result to the child if presumed or declared paternity is successfullydisestablished;
(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 thepaternity of another man 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 father-childrelationship between the child and the presumed or declarant father or the chance of other harmto the child.
(3) If the tribunal denies a motion seeking an order for genetic testing or disregardsgenetic test results that exclude the presumed or declarant father, it shall issue an orderadjudicating the presumed or declarant father to be the father of the child.

Renumbered and Amended by Chapter 3, 2008 General Session