Establishing Paternity in Utah
Paternity means fatherhood. When are a father's rights are established? It depends on whether the parents were married when a child is born.
- When a married couple has a baby, the husband is the legal father. He and the mother have the same rights and duties for the child
- When unmarried parents have a baby, the father does not automatically have legal rights and duties. He must take steps to establish his rights and responsibilities. This is called establishing paternity. Usually the mother has sole legal and physical custody of the children until a court orders something different. For more information see our page on paternity.
There are 3 ways to establish paternity
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Voluntary Declaration of Paternity (VDP) |
Administrative Paternity Order |
Custody Order |
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|---|---|---|---|
What is this? |
Unmarried parents can sign a VDP to say that a man is the biological father of a child. The VDP is filed with the Office of Vital Records and Statistics. This adds the father's name to the child’s Utah birth certificate. It can also change the child's name if the child is less than 1 year old. |
The Office of Recovery Services (ORS) issues a Notice of Agency Action (NAA) to both parents after the parent with custody applies for cash assistance from the state. Cash assistance means welfare like TANF, FEP, or Medicaid. Both parents may respond to the NAA. ORS will determine who is the father of the child. |
A Custody Order comes from a court case. One of the parents can file a custody case to ask the court to decide who the legal father is of a child. If the court order says to add a parent, remove a parent, or change the child’s name, the parents can amend a Utah birth certificate based on that order. |
How do I do it? |
A birthing facility or birth attendant should give parents the VDP to fill out when a child is born. Parents can also go to their local health department. Both the mother and biological father need to sign the form. |
ORS automatically starts the process when a parent applies for cash assistance and a child is listed on the application. Parents can also apply for child support through ORS. |
A parent can use the Online Court Assistance Program (OCAP) to get the documents to start a court case. |
Can I go to mediation? |
Mediation is an option for parents who want to set up a parenting plan that addresses parent-time, custody, support, and other child related issues. However, parents would need to get a Custody Order in court to enforce any agreement. |
Mediation is an option for parents who want to set up a parenting plan that addresses parent-time, custody, support, and other child related issues. However, parents would need to get a Custody Order in court to enforce any agreement. |
Parents are required to attend mediation to try to resolve their case, including issues related to parent-time, custody, support, and other related issues. Utah Code of Judicial Administration 4-510.05. |
Will this order the parents to pay child support? |
No, the VDP process does not set up child support. |
Child support is ordered child based on the Child Support Calculator. The order also talks about the parents paying for a child’s medical insurance and expenses. |
Child support is ordered based on the Child Support Calculator. The order also talks about the parents paying for a child’s medical insurance and expenses. |
What about custody and parent-time issues? |
That is not part of this process. A VDP does not say who has custody over the child. It does not create a plan for where the child will live or when they will have time with each parent. If parents are not able to work things out themselves they may need to file a custody case. |
That is not part of this process. The ORS order does not say who has custody over the child. It does not create a plan for where the child will live or when they will have time with each parent. If parents are not able to work things out themselves they may need to file a custody case. |
The court will also make orders about child custody and parent-time. Parent-time issues can be addressed establishing court-ordered parent-time for the non-custodial parent. |
What else should I know? |
If the mother is married and her husband is not the biological father of the child the parents can only do the VDP if the wife, husband, and biological father are all willing to sign the form. |
N/A |
The court is required to make decisions about child support, custody, and parent-time. |
Where can I find more information? |
Utah Code Title 81, Chapter 6, Utah Code 26B-9-205, Utah Admin Code R527-200-12 |
Utah Code Title 78B, Chapter 12, Utah Code 30-3-10 through 37 |