Utah Supreme Court allows fathers more say in paternity cases

The Utah Supreme Court has struck down part of the state’s Uniform Parentage Act, which said when a child is born, a mother’s current husband is the child’s father. Undated stock image. | Photo by Getty Images, St. George News

SALT LAKE CITY — In a series of rulings made public Saturday, the state’s top court has opened a window for “alleged fathers” to establish paternity in the face of Utah’s notoriously tough laws.

The Utah Supreme Court struck down a previous law that put limits on fathers’ ability to take a paternity test to determine their fatherhood when the mother is married to someone else. Undated stock image. | Photo by Getty Images, St. George News

Fox13Now.com reports the Utah Supreme Court issued rulings in four separate cases, and almost all of them allowed men seeking to establish paternity the ability to go to court to litigate it.

The men were challenging aspects of Utah’s Uniform Parentage Act, which presumes that when a child is born, a mother’s current husband is the child’s father. In some cases, lower courts have rejected paternity claims because the mother is married to the husband.

“The initial question before us is whether the UUPA grants standing to biological fathers—termed ‘alleged fathers’ in the statute—when another man is legally presumed to be the child’s father,” Justice Paige Petersen wrote.

The justices unanimously did not consider a constitutional challenge to the law but agreed that the “alleged fathers” should have the ability to seek to establish paternity in the court system.

Read the full story here:  Fox13Now.com

Written by BEN WINSLOW, Fox13Now.com

Copyright 2019, KSTU. A Tribune broadcasting station

Free News Delivery by Email

Would you like to have the day's news stories delivered right to your inbox every evening? Enter your email below to start!