Legal Question in Family Law in Utah
Potential Paternal Father 's Rights/Not Listed on Birth/Cert.
A man thinks he's the pat. father, but is not listed on B/C,
Can he motion to have a DNA test drawn up on parents listed
on B/C and himself and if test prooves he is Pat. Father, what happens to the rights of the father listed on the B/C?
1 Answer from Attorneys
Re: Potential Paternal Father 's Rights/Not Listed on Birth/Cert.
If the paternity test shows that Mr A is the father, and Mr B is listed on the birth certificate, Mr A can petition the court for an order of paternity, which would result in a new birth certificate. Mr. B then loses his rights (although he can petition the court to continue his rights based on Mr B's view of the facts, which a court may find are relevant. Example, Mr A has been absent for 3 years and Mr B has treated the child as his own. In such a case a court might find that Mr A has abandoned the child and it is in the child's best interest to retain Mr B as father.)