§ 81-5-305 — Effect of declaration or denial of paternity.

(1) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid declaration of paternity filed with the Office of Vital Records and Statistics is equivalent to a legal finding of parentage of a child and confers upon the declarant father all of the rights and duties of a parent.
(2) (2)(a) When a declaration of paternity is filed, the declaration of paternity shall be recognized as a basis for a child support order without any further requirement or proceeding regarding the establishment of parentage.
(2)(b) The liabilities of the declarant father include the reasonable expense of the birth mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child.
(2)(c) When a father declares paternity, the father's liability under Subsection (2)(a) for past amounts due is limited to the period of four years immediately preceding the date that the voluntary declaration of paternity was filed.
(3) (3)(a) Except as otherwise provided in Sections 81-5-306 and 81-5-307, a valid denial of paternity by a presumed or declarant father filed with the Office of Vital Records and Statistics in conjunction with a valid declaration of paternity is equivalent to a legal finding of the nonparentage of the presumed or declarant father and discharges the presumed or declarant father from all rights and duties of a parent.
(3)(b) If a valid denial of paternity is filed with the Office of Vital Records and Statistics, the presumed or declarant father may not recover child support that was paid prior to the time of filing.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session