How to Establish Paternity in Utah
Reviewed by DocDraft Legal Team · Utah · Last updated 2026-09-12
In Utah, establishing paternity means legally identifying a child's father under the Utah Uniform Parentage Act (Utah Code Title 78B, Chapter 15) so the child can receive support, inheritance, health coverage, and benefits and so the father gains standing to seek custody and parent-time. Unmarried parents who agree can establish it without court by signing a Voluntary Declaration of Paternity and filing it with the Department of Health and Human Services, Office of Vital Records and Statistics, which gives it the effect of a court order. When parents do not agree, a court or the Office of Recovery Services can adjudicate parentage. Two Utah timing rules are load-bearing. For a child who has no presumed father, an action to establish paternity can be brought at any time (Utah Code 78B-15-606). But for a child born during a marriage, the presumption of the spouse's paternity (Utah Code 78B-15-204) can be raised only at any time before an action for divorce is filed or in the divorce pleadings themselves, and once a court addresses it in the divorce the parties are estopped from raising it again (Utah Code 78B-15-607). Attorney review of your situation is available through DocDraft.
Find out where you stand in Utah
Where are you in establishing paternity?
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How long do I have to establish paternity in Utah?
For a child with no presumed father, a court action to establish paternity can be brought at any time under Utah Code 78B-15-606. For a child born during a marriage, the spouse's presumption can be raised only before a divorce action is filed or within the divorce pleadings (Utah Code 78B-15-607).
What is the marital presumption of paternity in Utah?
Under Utah Code 78B-15-204, a man is presumed the father if the child is born during his marriage to the mother or within 300 days after the marriage ends. Under 78B-15-607 that presumption is raised before or during a divorce, where the court may order genetic testing to resolve it.
What genetic-testing result establishes paternity in Utah?
Under Utah Code 78B-15-505, genetic testing identifies a man as a father when it shows at least a 99 percent probability of paternity, using a prior probability of 0.50, with a combined paternity index of at least 100 to 1. That identification can be rebutted only by other genetic testing.
Does an Office of Recovery Services order decide custody in Utah?
No. An Office of Recovery Services order can establish paternity and child support administratively with the effect of a court order, but it does not address custody or parent-time. Those questions are decided by the district court in a separate proceeding.
Utah paternity law at a glance
Utah follows the Utah Uniform Parentage Act (Utah Code Title 78B, Chapter 15). Unmarried parents who agree can establish parentage without court by signing a Voluntary Declaration of Paternity, filed with the Office of Vital Records and Statistics, which carries the force of a court order. What sets Utah apart is how the marital presumption is timed. When a child is born during a marriage, the spouse is presumed the father under Utah Code 78B-15-204, and that presumption can be raised only before a divorce action is filed or in the divorce pleadings, after which the parties are estopped (Utah Code 78B-15-607). For a child with no presumed father, there is no deadline to bring a paternity action (Utah Code 78B-15-606). Genetic testing identifies a father at a 99 percent probability with a combined paternity index of at least 100 to 1 (Utah Code 78B-15-505).
Establishing Utah paternity when parents are not married
Suppose a child is born in Utah to unmarried parents who agree on the father. At the hospital both sign a Voluntary Declaration of Paternity, filed with the Office of Vital Records and Statistics, giving it the force of a court order. If one parent later has doubts, a signer can rescind within 60 days, the federal window; after that a material-mistake challenge must be brought within four years of filing. Had the parents disputed parentage, either could ask the Office of Recovery Services to establish it administratively or file in district court, where genetic testing showing at least a 99 percent probability and a combined paternity index of 100 to 1 identifies the father (Utah Code 78B-15-505). Had the child been born during a marriage, the spouse's presumption (Utah Code 78B-15-204) could be raised only before or during a divorce (Utah Code 78B-15-607). Attorney review is available through DocDraft.
Relevant Laws
Utah Code 78B-15-204 (presumption of paternity)
Provides that a man is presumed to be the father of a child if the child is born during his marriage to the mother or within 300 days after the marriage is terminated, or if the parents married before birth in apparent compliance with law.
Utah Code 78B-15-505 (genetic-testing probability threshold)
Provides that genetic testing identifies a man as a father when the results show at least a 99 percent probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1.
Utah Code 78B-15-606 (no limitation, child with no presumed father)
Provides that a proceeding to adjudicate the parentage of a child who has no presumed, acknowledged, or adjudicated father may be commenced at any time, so there is no statute of limitations in that situation.
Utah Code 78B-15-607 (limitation, child having presumed father)
Provides that paternity of a child conceived or born during a marriage with a presumed father may be raised by the presumed father, the mother, or a support enforcement agency at any time before an action for divorce is filed or in the pleadings at the time of the divorce, after which the parties are estopped.
Utah Code 78B-15-302 (effect of a Voluntary Declaration of Paternity)
Provides that a valid declaration of paternity filed with the state registrar of vital records is equivalent to a legal finding of paternity and confers on the declarant the rights and duties of a parent, subject to rescission and challenge rules.
Utah Office of Recovery Services
The Office of Recovery Services establishes and enforces child support, can establish paternity administratively and order genetic testing, and administers services for parents who apply or who receive public assistance.
Regional Variances
Utah paternity rules at a glance
Voluntary path and form
Unmarried parents establish parentage by signing a Voluntary Declaration of Paternity, filed with the Department of Health and Human Services, Office of Vital Records and Statistics, which gives it the force of a court order (Utah Code 78B-15-302).
Rescission window
A signer may rescind within 60 days of signing, the federal window; after that, a challenge is limited to fraud, duress, or material mistake, and a material-mistake challenge must be brought within four years of filing.
Marital presumption and timing
A child born during a marriage is presumed the spouse's (Utah Code 78B-15-204); that presumption can be raised only before a divorce action is filed or in the divorce pleadings, after which the parties are estopped (Utah Code 78B-15-607).
Deadline to establish
For a child with no presumed father, a paternity action can be brought at any time (Utah Code 78B-15-606), so there is no fixed statute of limitations in that situation.
Genetic-testing threshold
Genetic testing identifies a man as a father at a 99 percent probability of paternity, using a prior probability of 0.50, with a combined paternity index of at least 100 to 1 (Utah Code 78B-15-505).
Who administers it
The Office of Recovery Services can establish paternity administratively and order genetic testing; disputed custody and parent-time are decided by the district court.
Suggested Compliance Checklist
Confirm whether the child was born during a marriage
Before signing or filing anything days after startingDetermine whether the child was born during the mother's marriage or within 300 days after it ended, which triggers Utah's marital presumption (Utah Code 78B-15-204). If so, the presumption can be raised only before a divorce action is filed or in the divorce pleadings (Utah Code 78B-15-607).
Get genetic testing if biological parentage is uncertain
Before signing a declaration days after startingBecause a signed declaration has the force of a judgment, obtain genetic testing first if there is any doubt. Under Utah Code 78B-15-505, results of at least a 99 percent probability and a combined paternity index of at least 100 to 1 identify a man as the father.
Sign and file the Voluntary Declaration of Paternity
At the hospital or through vital records days after startingUnmarried parents who agree sign the declaration and file it with the Department of Health and Human Services, Office of Vital Records and Statistics, which gives it the force of a court order (Utah Code 78B-15-302). Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed declaration, file a rescission within 60 days of signing, the federal window. After that, a challenge is limited to fraud, duress, or a material mistake of fact, and a material-mistake challenge must be brought within four years of filing.
Open an ORS case or file in district court if parents disagree
Any time a dispute arises days after startingIf parents do not agree, ask the Office of Recovery Services to establish paternity administratively or file a parentage action in the district court. The tribunal can order genetic testing under Utah Code 78B-15-505 and enter a parentage order.
Keep records of the declaration, testing, and orders
Ongoing days after startingSave copies of the signed declaration, any genetic-test results, and court or ORS orders, and calendar the 60-day rescission window and, where a divorce is possible, the point at which the presumption must be raised (Utah Code 78B-15-607).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the child was born during a marriage | Determine whether the child was born during the mother's marriage or within 300 days after it ended, which triggers Utah's marital presumption (Utah Code 78B-15-204). If so, the presumption can be raised only before a divorce action is filed or in the divorce pleadings (Utah Code 78B-15-607). | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a signed declaration has the force of a judgment, obtain genetic testing first if there is any doubt. Under Utah Code 78B-15-505, results of at least a 99 percent probability and a combined paternity index of at least 100 to 1 identify a man as the father. | - | Before signing a declaration |
| Sign and file the Voluntary Declaration of Paternity | Unmarried parents who agree sign the declaration and file it with the Department of Health and Human Services, Office of Vital Records and Statistics, which gives it the force of a court order (Utah Code 78B-15-302). Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or through vital records |
| Track the 60-day rescission window | If you need to cancel a signed declaration, file a rescission within 60 days of signing, the federal window. After that, a challenge is limited to fraud, duress, or a material mistake of fact, and a material-mistake challenge must be brought within four years of filing. | - | Within 60 days of signing |
| Open an ORS case or file in district court if parents disagree | If parents do not agree, ask the Office of Recovery Services to establish paternity administratively or file a parentage action in the district court. The tribunal can order genetic testing under Utah Code 78B-15-505 and enter a parentage order. | - | Any time a dispute arises |
| Keep records of the declaration, testing, and orders | Save copies of the signed declaration, any genetic-test results, and court or ORS orders, and calendar the 60-day rescission window and, where a divorce is possible, the point at which the presumption must be raised (Utah Code 78B-15-607). | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Utah means legally identifying a child's father under the Utah Uniform Parentage Act so the child can receive support, inheritance, health coverage, and benefits, and so the father can seek custody and parent-time. It is done by signing a Voluntary Declaration of Paternity or through a court or Office of Recovery Services action (Utah Code 78B-15-204, 78B-15-505).
Unmarried parents who agree sign a Voluntary Declaration of Paternity and file it with the Department of Health and Human Services, Office of Vital Records and Statistics, which gives it the force of a court order. If parents disagree, the Office of Recovery Services or the district court can adjudicate parentage and order genetic testing (Utah Code 78B-15-505).
It is a form unmarried parents sign to establish a legal father-child relationship without going to court. Once filed with the Department of Health and Human Services, Office of Vital Records and Statistics, it has the same effect as a court order establishing paternity, with the rights and duties of a parent.
For a child with no presumed father, a court action can be brought at any time (Utah Code 78B-15-606). For a child born during a marriage, the spouse's presumption can be raised only before a divorce action is filed or in the divorce pleadings, after which the parties are estopped (Utah Code 78B-15-607).
Yes, within a limited window. A signer may rescind a Voluntary Declaration of Paternity within 60 days of signing, the federal rescission window. After 60 days, it can be challenged only for fraud, duress, or a material mistake of fact, and a material-mistake challenge must be brought within four years of filing.
Under Utah Code 78B-15-607, when a child is born during a marriage the spouse's presumption of paternity can be raised only before a divorce action is filed or in the divorce pleadings. The court may order genetic testing, and once it enters an order in the divorce the parties cannot raise the issue again.
Under Utah Code 78B-15-505, genetic testing identifies a man as a father when the results show at least a 99 percent probability of paternity, using a prior probability of 0.50, with a combined paternity index of at least 100 to 1. That identification can be rebutted only by further genetic testing.
The Utah Office of Recovery Services administers administrative paternity establishment and can order genetic testing, with its order carrying the effect of a court order for paternity and support. Voluntary Declarations of Paternity are filed with the Office of Vital Records and Statistics; custody and parent-time are decided by the district court.
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