(1) A person is presumed to be the
natural parent of a child if:
(a) The person and the parent who gave birth to the child are or have been
married to each other or are in a civil union pursuant to article 15 of title 14, and the
child is born during the marriage or civil union, within three hundred days after the
marriage or civil union is terminated by death, annulment, declaration of invalidity
of marriage or civil union, dissolution of marriage or civil union, or divorce, or after a
decree of legal separation is entered by a court;
(b) Before the child's birth, the person and the parent who gave birth to the
child have attempted to marry each other by a marriage solemnized in apparent
compliance with law or attempted to enter into a civil union in apparent compliance
with law, although the attempted marriage or civil union is or could be declared
invalid, and:
(I) If the attempted marriage or civil union could be declared invalid only by a
court, the child is born during the attempted marriage or civil union or within three
hundred days after its termination by death, annulment, declaration of invalidity of
marriage or civil union, dissolution of marriage or civil union, or divorce; or
(II) If the attempted marriage or civil union is invalid without a court order,
the child is born within three hundred days after the termination of cohabitation;
(c) After the child's birth, the person and the parent who gave birth to the
child have married or entered into a civil union, or attempted to marry each other by
a marriage solemnized in apparent compliance with law or enter into a civil union in
apparent compliance with law, although the attempted marriage or civil union is or
could be declared invalid, and:
(I) The person has asserted parentage of the child in writing filed with the
court or registrar of vital statistics, if such acknowledgment has not previously
become a legal finding pursuant to subsection (2)(a.5) of this section;
(II) With the person's consent, the person is named as the child's parent on
the child's birth certificate; or
(III) The person is obligated to support the child under a written voluntary
promise or by court order or by an administrative order issued pursuant to section
26-13.5-110;
(d) While the child is under the age of majority, the person receives the child
into the person's home and openly holds out the child as the person's natural child;
(e) (Deleted by amendment, L. 2022.)
(f) The genetic tests or other tests of inherited characteristics have been
administered pursuant to section 13-25-126, and the results show that the alleged
genetic parent is not excluded as the probable genetic parent and that the
probability of the person's genetic parentage is ninety-seven percent or higher. This
subsection (1)(f) does not apply to a donor as defined in section 19-1-103.
(2) (a) A presumption of parentage pursuant to subsection (1) of this section
may be rebutted in an appropriate action only by clear and convincing evidence. If
two or more conflicting presumptions arise, the presumption that, on the facts, is
founded on the weightier considerations of policy and logic controls. The
presumption is rebutted by a court decree establishing parentage of the child by
another person other than the parent who gave birth. In determining which of two or
more conflicting presumptions controls, based upon the weightier considerations of
policy and logic, the judge or magistrate shall consider all pertinent factors,
including but not limited to the following:
(I) The length of time between the proceeding to determine parentage and
the time that the presumed parent was placed on notice that the presumed parent
might not be the genetic parent, unless the child was conceived through an
assisted reproductive procedure;
(II) The length of time during which the presumed parent has assumed the
role of the child's parent;
(III) The facts surrounding the presumed parent's discovery of the possibility
that the presumed parent was not a genetic parent, unless the child was conceived
through an assisted reproductive procedure;
(IV) The nature of the existing parent-child relationship;
(V) The child's age;
(VI) The child's relationship to any presumed parent or parents;
(VII) The extent to which the passage of time reduces the chances of
establishing another person's parentage and a child support obligation in favor of
the child; and
(VIII) Any other factors that may affect the equities arising from the
disruption of the parent-child relationship between the child and the presumed
parent or parents or the chance of other harm to the child.
(a.5) (I) A person and the parent who gave birth to the child may sign a
voluntary acknowledgment of parentage to establish the parentage of the child. A
voluntary acknowledgment of parentage may be signed by a parent who gave birth
to the child and either:
(A) Another person who is or believes themselves to be a genetic parent; or
(B) Another person who is an intended parent of a child conceived through an
assisted reproductive procedure.
(II) A married person or person in a civil union who gives birth to a child may
only sign a voluntary acknowledgment of parentage with a person who is not the
married person's spouse or civil union partner if the spouse or civil union partner
signs a denial of parentage.
(b) A duly executed voluntary acknowledgment of parentage takes effect
upon the filing of the document with the state registrar of vital statistics and may
be rescinded within the earlier of:
(I) Sixty days after execution of such acknowledgment; or
(II) On the date of any administrative or judicial proceeding pursuant to this
article or any administrative or judicial proceeding concerning the support of a child
to which the signatory is a party.
(c) An acknowledgment of parentage may be challenged in court only on the
basis of fraud, duress, or mistake of material fact, with the burden of proof upon the
challenger. Any legal responsibilities resulting from signing an acknowledgment of
parentage, including child support obligations, continue during any challenge to the
finding of parentage, except for good cause shown.
(d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this
section, a voluntary acknowledgment of parentage that complies with this section
and section 25-2-112, and is filed with the state registrar of vital statistics, is
equivalent to an adjudication of parentage of the child and confers on the
acknowledged parent all rights and duties of a parent. The court shall give full faith
and credit to a voluntary acknowledgment of parentage that is effective in another
state, including a federally recognized Indian tribe, if the acknowledgment was in a
signed record and otherwise complies with the laws of the other state or federally
recognized Indian tribe.