Utah § 81-5-608 - Authority to deny motion for genetic testing or disregard test results.
Full text of Utah Utah Code § 81-5-608 — Authority to deny motion for genetic testing or disregard test results., with citation guidance and answers to common questions.
§ 81-5-608. Authority to deny motion for genetic testing or disregard test results.
Effective 5/6/2026 81-5-608.
Authority to deny motion for genetic testing or disregard test results.
(1)
As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of the child.
(2)
In a proceeding to adjudicate the parentage of a child, the tribunal may:
(a)
deny a motion seeking an order for genetic testing; or
(b)
disregard the genetic test results that exclude the presumed father, declarant father, or possible father if testing has been completed and the tribunal determines that:
(i)
the conduct of the birth mother or the presumed father, declarant father, or possible father estops that party from denying parentage; and
(ii)
it would be inequitable to disrupt the parent-child relationship between the child and the presumed father, declarant father, or possible father.
(3)
In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section, the tribunal shall consider the best interest of the child, including the following factors:
(a)
the length of time between the proceeding to adjudicate parentage and the time that the presumed father, declarant father, or possible father was placed on notice that the presumed father, declarant father, or possible father might not be the genetic father of the child;
(b)
the length of time during which the presumed father, declarant father, or possible father has assumed the role of parent of the child;
(c)
the facts surrounding the presumed father's, declarant father's, or possible father's discovery of the their possible nonparentage;
(d)
the nature of the relationship between the child and the presumed father, declarant father, or possible father;
(e)
the age of the child;
(f)
the harm that may result to the child if presumed or declared parentage is successfully disestablished;
(g)
the nature of the relationship between the child and any alleged father;
(h)
the extent to which the passage of time reduces the chances of establishing the parentage of another individual and a child-support obligation in favor of the child; and
(i)
other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed father, declarant father, or possible father or the chance of other harm to the child.
(4)
If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed father, declarant father, or possible father, the tribunal shall issue an order adjudicating the presumed father, declarant father, or possible father to be the father of the child.
Section 81-5-608 ("Authority to deny motion for genetic testing or disregard test results.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-5-608?
A common citation format is "Utah Code § 81-5-608" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-5-608 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.