Law

Title 14 Children

Wyoming · 14 · statute

Ask the law about this More laws of Wyoming For machines: Markdown

Open at the publisher →

The publisher does not state since when this version applies. Read on 2026-11-07.

Copy read on 2026-11-07. The page it was read from

sha256 e9447d5b6c94c21b040251cf0b024bec652b6860bd5491ab0d643481d1f45d89

Contents: 414 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

414 provisions

14-2-307. Repealed by Laws 1981, ch. 102, § 2.

Repealed by Laws 1981, ch. 102, § 2.

Propose a change

14-2-308. Definitions.

(a) As used in this act: (i) "Abuse" means as defined by W.S. 14-3-202(a)(ii); (ii) "Authorized agency" means: (A) A public social service agency authorized to care for and place children; or (B) A private child welfare agency certified by the state for such purposes pursuant to W.S. 1-22-101 through 1-22-114, 14-4-101 through 14-4-117 or 14-6-201 through 14-6-243; (iii) "Child" or "minor" means an individual who is under the age of majority; (iv) "Court" means the district court in the district where the child resides or is found or the district court which has previously retained jurisdiction of the child because of a previous order entered by that court; (v) "Mental health professional" means a person with an advanced degree in one of the behavioral sciences including a psychologist, social worker or clinical counselor; (vi) "Neglect" means as defined by W.S. 14-3-202(a)(vii); (vii) "Parent" means a natural parent or a parent by adoption; (viii) "Indigent party" means a person whose financial resources and income are insufficient to enable him to pay the reasonable fees and expenses of an attorney licensed to practice in this state; (ix) "This act" means W.S. 14-2-308 through 14-2-319.

Propose a change

14-2-309. Grounds for termination of parent-child relationship; clear and convincing evidence.

(a) The parent-child legal relationship may be terminated if any one (1) or more of the following facts is established by clear and convincing evidence: (i) The child has been left in the care of another person without provision for the child's support and without communication from the absent parent for a period of at least one (1) year. In making the above determination, the court may disregard occasional contributions, or incidental contacts and communications. For purposes of this paragraph, a court order of custody shall not preclude a finding that a child has been left in the care of another person; (ii) The child has been abandoned with no means of identification for at least three (3) months and efforts to locate the parent have been unsuccessful; (iii) The child has been abused or neglected by the parent and reasonable efforts by an authorized agency or mental health professional have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment, and it is shown that the child's health and safety would be seriously jeopardized by remaining with or returning to the parent; (iv) The parent is incarcerated due to the conviction of a felony and a showing that the parent is unfit to have the custody and control of the child; (v) The child has been in foster care under the responsibility of the state of Wyoming for fifteen (15) of the most recent twenty-two (22) months, and a showing that the parent is unfit to have custody and control of the child; (vi) The child is abandoned at less than one (1) year of age and has been abandoned for at least six (6) months; (vii) The child was relinquished to a safe haven provider in accordance with W.S. 14-11-101 through 14-11-109, and neither parent has affirmatively sought the return of the child within three (3) months from the date of relinquishment; (viii) The parent is convicted of murder or homicide of the other parent of the child under W.S. 6-2-101 through 6-2-104; (ix) The parent committed sexual assault and the child was conceived as a result of the sexual assault. For the purposes of this paragraph, the following shall apply: (A) A person committed sexual assault if the person was convicted of an offense under W.S. 6-2-302, 6-2-303, 6-2-314 through 6-2-316 or other similar law of another jurisdiction; (B) Reasonable effort to reunify the family is not required to terminate parental rights; (C) This paragraph shall not apply if the parent seeking termination was married to or cohabiting with the parent committing the sexual assault resulting in the birth of the child for not less than two (2) years immediately after the birth of the child. Nothing in this subparagraph shall be construed as limiting a parent from seeking termination under another provision of this section or from seeking sole custody under title 20, chapter 5 of the Wyoming statutes. (x) The child has been appointed a guardian who is a relative of the child, the child has been under the guardian's care for at least twenty-four (24) consecutive months and a showing that the parent is unfit to have custody and control of the child. As used in this paragraph, "relative" means as defined by W.S. 3-2-301(a)(iii). (b) Proof by clear and convincing evidence that the parent has been convicted of any of the following crimes may constitute grounds that the parent is unfit to have custody or control of any child and may be grounds for terminating the parent-child relationship as to any child with no requirement that reasonable efforts be made to reunify the family: (i) Murder or voluntary manslaughter of another child of the parent or aiding and abetting, attempting, conspiring to commit or soliciting such a crime; or (ii) Commission of a felony assault which results in serious bodily injury to a child of the parent. As used in this paragraph "serious bodily injury" means as defined by W.S. 6-1-104. (c) Notwithstanding any other provision of this section, evidence that reasonable efforts have been made to preserve and reunify the family is not required in any case in which the court determines any one (1) or more of the following by clear and convincing evidence: (i) The parental rights of the parent to any other child have been terminated involuntarily; (ii) The parent abandoned, chronically abused, tortured or sexually abused the child; (iii) The parent has been convicted of committing one (1) or more of the following crimes against the child or another child of that parent: (A) Sexual assault under W.S. 6-2-302 through 6-2-304; (B) Sexual battery under W.S. 6-2-313; (C) Sexual abuse of a minor under W.S. 6-2-314 through 6-2-317. (iv) The parent is required to register as a sex offender pursuant to W.S. 7-19-302 if the offense involved the child or another child of that parent. This shall not apply if the parent is only required to register for conviction under W.S. 6-2-201; (v) Other aggravating circumstances exist indicating that there is little likelihood that services to the family will result in successful reunification.

Propose a change

14-2-310. Parties authorized to file petition.

(a) The petition for the termination of the parent-child relationship shall be filed with the court by: (i) Either parent, when termination of the parent-child legal relationship is sought with respect to the other parent; or (ii) The guardian or the legal custodian of the child; or (iii) An authorized agency. (b) The petition for the termination of the parent-child relationship may be filed with the court by a biological or adoptive grandparent acting in loco parentis to the child, where the child has resided with the grandparent for a period of not less than one (1) year and the placement is not under the direction of a juvenile court or the department of family services.

Propose a change

14-2-311. Contents of petition.

(a) The petition for the termination of the parent-child legal relationship shall state: (i) The legal name, sex, date and place of birth of the child, if known, and the jurisdictional facts; (ii) The name and residence of the petitioner and his relationship to the child; (iii) The name, address and place and date of birth of the parent, if known, and of the name of the person having the legal custody or guardianship of the child; (iv) The grounds for termination of the parent-child legal relationship pursuant to W.S. 14-2-309; (v) Name and address of the person or authorized agency requesting appointment as the guardian of the child.

Propose a change

14-2-312. Hearing; appointment of guardian ad litem.

After the petition has been filed, the court shall appoint a guardian ad litem to represent the child unless the court finds the interests of the child will be represented adequately by the petitioner or another party to the action and are not adverse to that party. If the court appoints a guardian ad litem it shall approve a fee for services. When a petition is filed and presented to the judge, the judge shall set the petition for hearing. The Wyoming Rules of Civil Procedure, including the right of a parent, child or interested person to demand a jury trial, are applicable in actions brought under this act.

Propose a change

14-2-313. Service of petition.

(a) The petition shall be served on the following persons: (i) The parent of the child; (ii) The guardian ad litem; (iii) The guardian or next friend of the parent if the parent is a minor; (iv) The department of family services if the child is or has been supported by public assistance funds. (b) Service of the petition on the person required to be served by subsection (a) of this section shall be made as provided by the Wyoming Rules of Civil Procedure. If the person is a nonresident or his residence is unknown, service may be had by constructive service or by publication as provided in the Wyoming Rules of Civil Procedure.

Propose a change

14-2-314. Social study required; information to be shown; not excluded as hearsay.

Upon the filing of a petition by anyone other than an authorized agency as defined by W.S. 14-2-308(a)(ii)(A), the court shall direct that a social study be made by the appropriate county office of public assistance and social services or by any authorized agency to aid the court in making a final disposition of the petition. The social study shall state the factual information pertaining to the allegations in the petition, the social history and the present situation and environment of the child and parent. The social study shall not be excluded as evidence by reason of hearsay alone. The social study shall be made available to any party to the action upon request.

Propose a change

14-2-315. Order terminating the parent-child legal relationship; contents.

The order terminating the parent-child legal relationship shall be in writing and shall contain the findings of the court. If the court terminates the parent-child legal relationship of either one (1) or both parents, it shall fix the responsibility for the child's support and appoint a guardian of the child's person or estate or both.

Propose a change

14-2-316. Dismissal of petition; continuation of hearing.

If the court does not terminate the parent-child legal relationship, it shall dismiss the petition or direct an authorized agency to continue to make efforts to rehabilitate the parent and continue the hearing for no longer than six (6) months. The authorized agency shall provide the court with any additional reports regarding its rehabilitative efforts and results. Pending final hearing, the court may continue the present placement of the child or place the child in the temporary custody of an authorized agency and fix responsibility for temporary child support.

Propose a change

14-2-317. Effect of order of termination.

(a) An order terminating the parent-child legal relationship divests the parent of all legal rights and privileges and relieves the child of all duties to that parent except: (i) The order does not divest that parent of duties and support obligations unless otherwise specifically ordered by the court or the child is adopted; and (ii) Except as provided in W.S. 2-4-107(a)(i), the right of the child to inherit from the parent shall not be affected by the order. (b) The parent whose parent-child legal relationship has been terminated is not thereafter entitled to the notice of proceedings for the adoption of the child, nor has he any right to object to the adoption or otherwise participate in the adoption proceedings.

Propose a change

14-2-318. Costs of proceedings; appointment of counsel.

(a) The court may appoint counsel for any party who is indigent. Indigency shall be established by written affidavit signed and sworn to by the party or sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state that the party is without sufficient money, property, assets or credit to employ counsel in his own behalf. The court may require further verification of financial condition as it deems necessary. (b) Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(B), it shall pay for the costs of the action. Costs shall include: (i) Fee for the guardian ad litem. If the agency had entered into an agreement with the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem, the office shall pay the fee for the guardian ad litem in accordance with that agreement; (ii) Attorney's fee for an indigent party; (iii) Other professional fees incurred by an indigent party in defense of an action brought under this act. (c) Prior to incurring any cost under subsection (b) of this section application shall be made to the court and written approval by the court shall be obtained. (d) Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(A): (i) The district attorney for the county in which the petition is filed shall represent the authorized agency in all proceedings under this act; (ii) The authorized agency shall pay the reasonable attorney's fees and expenses for an indigent party incurred in the defense of an action brought under this act and approved by the court; and (iii) The authorized agency shall pay the guardian ad litem reasonable fees and expenses approved by the court unless the agency had entered into an agreement with the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem. If so, the office shall pay the fee for the guardian ad litem in accordance with that agreement.

Propose a change

14-2-319. Determination of indigency; recovery of payment.

(a) In determining whether a person is an indigent party for purposes of W.S. 14-2-318, the court shall consider in addition to any other relevant factors the person's income, property owned, outstanding obligations and the number and ages of his dependents. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, material facts relating to his ability to pay as the court prescribes. (b) To the extent that an indigent party is able to provide for an attorney or for other expenses incurred in defense of an action brought under this act, the court may order that he make payment within a specified period of time or in specified installments. (c) Within eight (8) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or another benefit under this act: (i) To which he was not entitled; (ii) With respect to which he was not an indigent person when he received it; or (iii) With respect to which he has failed to make the certification required by subsection (a) of this section. (d) Within three (3) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person other than a person covered by subsection (c) of this section who: (i) Has received legal assistance or other benefit under this act; and (ii) On the date on which suit is brought is financially able to pay or reimburse the state for all or part of the legal assistance or other benefit according to the standards of ability to pay applicable under this act but refuses to do so. (e) Amounts recovered under this section shall be remitted to the general fund.

Propose a change

14-2-401. Short title.

This act shall be known and may be cited as the Wyoming Parentage Act.

Propose a change

14-2-402. Definitions.

(a) As used in this act: (i) "Acknowledged father" means a man who has established a father-child relationship under article 6 of this act; (ii) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child; (iii) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (A) A presumed father; (B) A man whose parental rights have been terminated or declared not to exist; or (C) A male donor. (iv) "Assisted reproduction" means a method of causing pregnancy other than through sexual intercourse. The term includes: (A) Intrauterine insemination; (B) Donation of eggs; (C) Donation of embryos; (D) In-vitro fertilization and transfer of embryos; and (E) Intracytoplasmic sperm injection. (v) "Child" means an individual of any age whose parentage may be determined under this act; (vi) "Commence" means to file the initial pleading seeking an adjudication of parentage in a district court of this state; (vii) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under article 5 of this act or by adjudication by the court; (viii) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include: (A) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; (B) A woman who gives birth to a child by means of assisted reproduction; (C) A parent under article 9 of this chapter. (ix) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information; (x) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one (1) or a combination of the following: (A) Deoxyribonucleic acid; and (B) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes. (xi) "Man" means a male individual of any age; (xii) "Parent" means an individual who has established a parent-child relationship under W.S. 14-2-501; (xiii) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship; (xiv) "Paternity index" means the likelihood of paternity calculated by computing the ratio between: (A) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is the father of the child; and (B) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. (xv) "Presumed father" means a man who, by operation of law under W.S. 14-2-504, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding; (xvi) "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability; (xvii) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (xviii) "Signatory" means an individual who authenticates a record and is bound by its terms; (xix) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States; (xx) "Title IV-D" means Title IV-D of the federal Social Security Act; (xxi) "This act" means W.S. 14-2-401 through 14-2-907.

Propose a change

14-2-403. Scope of act; choice of law.

(a) This act applies to every determination of parentage in this state. (b) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on: (i) The place of birth of the child; or (ii) The past or present residence of the child. (c) This act does not create, enlarge or diminish parental rights or duties under other law of this state. (d) This act does not authorize or prohibit an agreement between a woman and a man and another woman in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the man and the other woman become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under Wyoming law, the parent-child relationship is determined as provided in article 4 of this act.

Propose a change

14-2-404. Court of this state.

The district court is authorized to adjudicate parentage under this act.

Propose a change

14-2-405. Protection of participants.

Proceedings under this act are subject to other law of this state governing the health, safety, privacy and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number and the child's day-care facility and school.

Propose a change

14-2-406. Determination of maternity.

Provisions of this act relating to determination of paternity apply to determinations of maternity.

Propose a change

14-2-407. Severability clause.

If any provision of this act or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Propose a change

14-2-408. Free transcript for appeal.

If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal under this act.

Propose a change

14-2-501. Establishment of parent-child relationship.

(a) The mother-child relationship is established between a woman and a child by: (i) The woman's having given birth to the child; (ii) An adjudication of the woman's maternity; or (iii) Adoption of the child by the woman. (b) The father-child relationship is established between a man and a child by: (i) An unrebutted presumption of the man's paternity of the child under W.S. 14-2-504; (ii) An effective acknowledgment of paternity by the man under article 6 of this act, unless the acknowledgment has been rescinded or successfully challenged; (iii) An adjudication of the man's paternity; (iv) Adoption of the child by the man; or (v) The man's having consented to assisted reproduction by his wife under article 9 of this act which resulted in the birth of the child.

Propose a change

14-2-502. No discrimination based on marital status.

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

Propose a change

14-2-503. Consequences of establishment of parentage.

Unless parental rights are terminated, a parent-child relationship established under this act applies for all purposes, except as otherwise specifically provided by other law of this state.

Propose a change

14-2-504. Presumption of paternity in context of marriage.

(a) A man is presumed to be the father of a child if: (i) He and the mother of the child are married to each other and the child is born during the marriage; (ii) He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; (iii) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, divorce or after the entry of a decree of separation; (iv) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: (A) The assertion is in a record filed with the state office of vital records; (B) He agreed to be and is named as the child's father on the child's birth certificate; or (C) He promised in a record to support the child as his own. (v) For the first two (2) years of the child's life, he resided in the same household with the child and openly held out the child as his own. (b) A presumption of paternity established under this section may be rebutted only by an adjudication under article 8 of this act.

Propose a change

14-2-601. Acknowledgment of paternity.

(a) The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity. (b) An acknowledgment of paternity of a child born in Wyoming may be filed with the state office of vital records.

Propose a change

14-2-602. Execution of acknowledgment of paternity.

(a) An acknowledgment of paternity shall: (i) Be in a record; (ii) Be signed, or otherwise authenticated, under penalty for false swearing by the mother and by the man seeking to establish his paternity; (iii) State that the child whose paternity is being acknowledged: (A) Does not have a presumed father, or has a presumed father whose full name is stated; and (B) Does not have another acknowledged or adjudicated father. (iv) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and (v) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years. (b) An acknowledgment of paternity is void if it: (i) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father or a court order rebutting the presumption is filed with the state office of vital records; (ii) States that another man is an acknowledged or adjudicated father; or (iii) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child. (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity. (d) Before a mother and a man claiming to be the genetic father of a child can sign an acknowledgment of paternity affidavit, the mother and the alleged father shall be provided notice orally or through use of video or audio equipment and in writing of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from, signing the acknowledgment of paternity affidavit. If either the mother or the alleged father is a minor, any rights that attach as a result of the status as a minor shall also be provided orally or through the use of video or audio equipment and in writing, in addition to any other requirements of this subsection.

Propose a change

14-2-603. Denial of paternity.

(a) A presumed father may sign a denial of his paternity. The denial is valid only if: (i) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to W.S. 14-2-605; (ii) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and (iii) The presumed father has not previously: (A) Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to W.S. 14-2-607 or successfully challenged pursuant to W.S. 14-2-608; or (B) Been adjudicated to be the father of the child.

Propose a change

14-2-604. Rules for acknowledgment and denial of paternity.

(a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgement and denial are both necessary, neither is valid until both are filed. (b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. (c) Subject to subsection (a) of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the state office of vital records, whichever occurs later. (d) An acknowledgment of paternity or denial of paternity signed by a minor and a legal guardian of the minor is valid if it is otherwise in compliance with this act.

Propose a change

14-2-605. Effect of acknowledgment or denial of paternity.

(a) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid acknowledgment of paternity filed with the state office of vital records is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. (b) Except as otherwise provided in W.S. 14-2-607 and 14-2-608, a valid denial of paternity by a presumed father filed with the state office of vital records in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Propose a change

14-2-606. No filing fee.

The state office of vital records shall not charge for filing an acknowledgment of paternity or denial of paternity.

Propose a change

14-2-607. Proceeding for rescission.

(a) A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of: (i) Sixty (60) days after the effective date of the acknowledgment or denial, as provided in W.S. 14-2-604; or (ii) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.

Propose a change

14-2-608. Challenge after expiration of period for rescission.

(a) After the period for rescission under W.S. 14-2-607 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: (i) On the basis of fraud, duress or material mistake of fact; and (ii) Within two (2) years after the acknowledgment or denial is filed with the state office of vital records. (b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

Propose a change

14-2-609. Procedure for rescission or challenge.

(a) Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial. (b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state office of vital records. (c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support. (d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under article 8 of this act. (e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the state office of vital records to amend the birth record of the child, if appropriate.

Propose a change

14-2-610. Ratification barred.

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.

Propose a change

14-2-611. Full faith and credit.

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

Propose a change

14-2-612. Forms for acknowledgment and denial of paternity.

(a) To facilitate compliance with this article, the state office of vital records shall prescribe forms for the acknowledgment of paternity and the denial of paternity. (b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form. (c) Every hospital or birthing center located in the state shall provide to any person who holds himself out to be the natural parent of a child born in the state an affidavit of paternity pursuant to this act. The facility providing the affidavit shall forward the completed affidavit to the state office of vital records. Upon request, the state office of vital records shall provide blank affidavits of paternity to any facility making the request under this subsection.

Propose a change

14-2-613. Release of information.

The state office of vital records may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial, to courts and to the Title IV-D agency of this or another state.

Propose a change

14-2-614. Adoption of rules.

The state office of vital records may adopt rules to implement this article.

Propose a change

14-2-701. Scope of article.

(a) This article governs genetic testing of an individual to determine parentage, whether the individual: (i) Voluntarily submits to testing; or (ii) Is tested pursuant to an order of the court or a child support enforcement agency.

Propose a change

← Find another law