Genetic testing can determine whether or not a man is the father of a child. A court order for genetic testing is not required if both parties will voluntarily take the test.
A Motion for Genetic testing asks the court to order a party to be tested if they refuse or refuse to allow the child to be tested.
This process is available only for parties in a case that has already been filed in a Utah district court. A person cannot use this process to start a court case.
Cases in which paternity could be an issue include divorce, custody (specifically, paternity) or judicial recognition of a relationship as a marriage.
As part of the motion, the party asking for genetic testing must explain why they think one of the parties is or is not the biological father. The motion should explain:
Forms to file a Motion for Genetic Testing are available in the Forms section below. File the motion in the same court that is handling the underlying case (the divorce, parentage, paternity or judicial recognition of a relationship as a marriage case).
Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.
If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.
Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.
No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.
No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.
File both the motion and the Notice of Hearing with the court.
If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.
If you need help with the order, read about orders below.
The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | Serve at least 28 days before the hearing |
| Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Reply Memorandum Supporting the Motion | Moving party | At least 7 days before the hearing |
| Counter Motion Documents | Who Files | Time to File and Serve |
| Counter Motion (must be served with Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Memorandum Opposing the Counter Motion | Original moving party | At least 7 days before the hearing |
| Reply Memorandum Supporting the Counter Motion | Responding party | At least 3 business days before the hearing |
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
File your motion with the court.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.
The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.
The chart below has more information when papers should be filed.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | |
| Memorandum Opposing the Motion | Responding party | Within 14 days after the the moving party files and serves the motion |
| Reply Memorandum Supporting Motion | Moving party | Within 7 days after the responding party files and serves the Memorandum Opposing the Motion |
| Request to Submit for Decision | Moving party | After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion |
If the court grants the Motion for Genetic Testing (or if the parties agree to testing), the parties must choose a laboratory for testing and make arrangements to pay for the cost of testing.
The parties are responsible for finding an accredited laboratory to complete the genetic testing. Two agencies that can provide accreditation to a laboratory are:
The initial costs for court-ordered testing are usually paid by the person asking for the test. However, the court can order either party to pay for the test or order the parties to split the costs. The parties can also decide between themselves who will pay.
A judge cannot order genetic testing on an unborn child. A judge can order the test be conducted after the child is born.
The law assumes that a man is the biological father of a child if a genetic testing report shows he has a 99% probability of paternity and a combined paternity index of at least 100 to 1. Utah Code 78B-15-505.
If the results of genetic testing confirm that a man is the biological father of a child the case will proceed and the court will eventually enter an order confirming the father-child relationship.
If the results of genetic testing confirm the man is not the biological father of the child, there are a few possible outcomes.
Even though a paternity test shows a man is the not the biological father of a child, the court can ignore the test results. If the court determines that, considering the best interests of the child, the man historically acted as the father to the child or if doing so would disrupt the father-child relationship the court has the power to ignore the test results. The court would then enter an order confirming the man as the legal father of the child.
If the genetic test indicates that a man is not the biological father of the child and the judge accepts the results, either party can file a Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing to ask the judge to make a decision on the case.
The Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing could end the entire case, or it might just remove one child from the case.
Forms to file a Motion for Summary Judgment to Declare Non-Parentage After Genetic Testing are available in the Forms section below. Choose the correct forms based on whether or not the case is before a judge or a commissioner. See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.
The court can order that a father be added or removed from a child's birth certificate as part of an order granting summary judgment. However, the Utah Office of Vital Records may require that the order contain specific information in order to change the birth certificate. More information required by the Utah Office of Vital Records and Statistics to make changes to birth certificates is available on the Utah Office of Vital Records and Statistic's website.
Use OCAP to prepare the documents, or use the forms below.
What forms you need depend on whether your case is before a commissioner or a judge.
If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.
