Legal Question in Family Law in Utah

Blood test to establish paternity

My little brother (26 yrs old) lives in Utah and this is with regards to him.

He slept with a girl (also in her 20's) a couple months ago. He just found out that she is pregnant. She is not a legal resident. She is telling him that is isn't his child and that she is only a couple of weeks along. She looks to be more like 3-4 months pregnant. If that is the case the timing would make him a possible father.

My question is, in Utah, is there a way to force a blood test? If the mother isn't willing to cooperate, what recourse does the father or potential father have?

She already has other children and is living with a man, so it is very likely that it is the other man's child, however, my brother wants to make absolutely sure in order to take responsibility for the child.

But he wants to know if it is his.

What are his recourses?

Thank you for any help you could give me.

--name removed--Oliver


Asked on 8/20/04, 2:37 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Blood test to establish paternity

If the girl lists the other man as the father, Utah law presumes that he is the father, unless he objects.

After the birth of the child: If your brother wants to preserve his parental rights, he can file a petition to determine paternity, and either deny or claim paternity. The girl will need to be served notice of the petition. If she disagrees with your brother's choice, then the court can order a paternity test.

OR after the child is born the girl can agree to submit the child's blood and your brother can apply for a paternity test.

If your brother is the father he will be responsible for child support, and may qualify for visitation rights. Suggestion, if your brother is not ready to make a lifetime committment to be a father, it may be in the child's best interests to allow the man the girl is living with claim paternity.

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Answered on 8/20/04, 5:43 pm


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