Paternity Matters: FAQs

Paternity establishment is important for many reasons. Some of the reasons include:

FINANCIAL SUPPORT
The law requires both parents to support their child. This is true even when parents are not married to each other. Paternity establishment allows the child to receive financial support from both parents.

MEDICAL
Paternity establishment permits the child to be added to the father's, as well as the mother's, medical insurance.

FAMILY HEALTH HISTORY
A child may need to know if she/he has inherited any special health problems. Paternity establishment may help doctors to research the child's family health history. In case a child or parent needs a donor for a transplant, knowing who the members of the immediate family are is important.

BENEFITS
Without paternity establishment, a child is not legally entitled to any of his/her father's benefits including: Social Security insurance benefits, inheritance rights, veteran's and other benefits.

RIGHTS
When paternity is established, the biological father has the same rights as a father of a child born in a marriage. Paternity establishment permits the father to pursue the rights that go along with fatherhood, including custody, parent-time (visitation), and decision-making regarding the child.

CITIZENSHIP
Parents provide the child with citizenship and/or nationality. If the father was not born in the United States, his/her place of origin may provide important rights to the child once paternity is legally established.

The law requires a child’s legal parents to support their child.

The mother’s legal ties to a child are set at birth. When the parents are not married, the father’s legal ties are set through paternity establishment.

Once paternity is established, the child’s father has to support their child in keeping with child support laws.

Paternity establishment gives the father rights, including the right to pursue custody. If the parents cannot agree on a custody arrangement, the parents should address custody issues in a court order.

Paternity establishment gives the father rights, including the right to pursue parent time (visitation). If the parents cannot agree on a parent-time schedule, the parents should address parent-time issues in a court order.

The Office of Recovery Services offers services to establish paternity, to establish child support and medical support orders, and to collect/enforce on child support and medical support orders. Either parent may apply for services with our office. Private attorneys can also assist you with child support issues.

ORS cannot get involved with custody issues due to restrictions on the use of federal funding. To have custody issues addressed, you must hire a private attorney or represent yourself in a court proceeding.

ORS has no jurisdiction over parent-time issues due to restrictions on the use of federal funding. To have parent time issues addressed, you must hire a private attorney or represent yourself in a court proceeding.

Yes.

People younger than 18 can still be named the father of a child. They may also be ordered to pay child support.

Even without an income, a teen could be ordered to pay child support. To estimate the child support amount, use our child support calculator.

Very accurate genetic tests are available which will tell you whether you are the father of the child or not.

Genetic tests require a DNA sample from the parents and from the child. The sample is taken by rubbing a buccal swab (like a cotton swab) inside of the mouth.

The DNA samples are sent to a lab for analysis, and the results are usually back within a month.

There are many companies available for genetic tests; however, be sure that they are accredited by the American Association of Blood Banks (AABB) if you want the tests to be used as legal evidence.

The Office of Recovery Services offers genetic testing services, usually free, if the parents have an open case for paternity establishment and child support services.

The VDP is a form issued by the Department of Health and Human Services, Office of Vital Records and Statistics. Unmarried parents can sign the VDP to voluntarily say that a man is the biological father of the child and that he should be legally recognized as the father.

The mother and the biological father read a legal notice and either watch a short movie or listen to a recorded message to learn about the VDP. Each parent then signs the VDP in front of two witnesses (who also sign the document). The signed VDP is then filed with the Office of Vital Records and Statistics.

You can sign the VDP at the following places:

• The hospital or birthing facility when the child is born.
• The Office of Vital Records and Statistics
• All local health departments

• FREE, if the VDP is signed at the hospital or birthing facility and filed by the healthcare facility with the original birth certificate
• The Office of Vital Records and Statistics charges a minimal fee if the VDP is filed after the birth certificate.

The VDP:

• Legally establishes paternity
• Adds the father's name to the Utah birth certificate
• Can change the child's name before the child's fifth birthday if both parents agree

No. Although the forms are provided for parents to sign at the time of a child's birth, the forms may be signed at any time after the birth of a child.

However, if both parents voluntarily agree to sign the form, there are benefits to signing at the time of the child's birth:

• The VDP is FREE if it is signed at the birthing facility or hospital
• The VDP will be filed at the Office of Vital Records and Statistics for you if it is signed with the birth certificate.
• The father's name will appear on the original birth certificate if the VDP is submitted with the original birth certificate.

You have up to 60 days or until the date a child support order is established, whichever is earlier, to rescind (or nullify) the VDP. Rescissions are handled by the Office of Vital Records and Statistics.

When one parent requests a rescission, the other parent will be notified by mail at the address listed on the VDP. This notice will explain the effect of the rescission and the procedures that must be followed if the parents would like to change the child's name as a result of the rescission.

When a VDP is rescinded, it will be as though it never existed and the father's name will be removed from the child's birth certificate. If you are a parent under the age of 18, your parent or guardian must also sign the rescission documents.

Please keep in mind that although a rescission nullifies the Voluntary Declaration of Paternity document, paternity can still be established in the future by other means as mentioned earlier. If you have any questions about rescission, you may call the Department of Health and Human Services, Office of Vital Records and Statistics at (801) 538- 6105.

Once the time period allowed by law for rescissions has passed, Utah law only allows VDPs to be challenged in court based on fraud, duress, or material mistakes of fact. (Material mistake of fact can only be claimed for up to four years from the date of the VDP.)

Under the Utah Administrative Procedures Act (UAPA), certain state agencies are granted authority to establish legal and binding orders against individuals. The Office of Recovery Services has been granted this authority and uses the administrative process to legally establish paternity for children.

The administrative process does not involve the judicial court system, but an administrative paternity order has the same effect as a judicial paternity order.

Learn more.

The Office of Recovery Services/Child Support Services (ORS/CSS) is the only state office that uses the administrative process to establish paternity.

Application for child support.

An administrative paternity order:

• Legally establishes paternity
• Allows the father's name to be added to a Utah birth certificate
• Establishes a child support order for both parents
• Establishes a medical support order (insurance coverage, etc.)

A judicial paternity order is the result of a court action in front of a judge or commissioner.

The parents may hire attorneys or represent themselves in court. Both parents receive court documents and have an opportunity to provide more information to the court. After all issues are resolved, a judicial paternity order is issued.

In Utah, you can obtain a judicial paternity order from:

• District Courts
• Juvenile Courts

There are a variety of fees associated with the judicial process. These fees may include:

• Filing fees set by the courts
• Attorney fees set by the attorney
• Birth certificate search and amendment fees charged by the Office of Vital Records and Statistics when the parents update the child's birth certificate

A judicial paternity order:

• Legally establishes paternity
• Allows the father's name to be added to a Utah birth certificate
• Establishes a child support order for both parents
• Establishes a medical support order (insurance coverage, etc.)
• Can change the child's name
• Can address custody
• Can set a parent-time (visitation) schedule