§ 14-2-823 — Binding effect of determination of parentage

Wyoming § 14-2-823

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 2: PARENTS
• Art. 8: PROCEEDING TO ADJUDICATE PARENTAGE

Text

(a) Except as otherwise provided in subsection (b) of this
section, a determination of parentage is binding on:
(i) All signatories to an acknowledgement or denial
of paternity as provided in article 5 of this act; and
(ii) All parties to an adjudication by a court acting
under circumstances that satisfy the jurisdictional requirements
of W.S. 20-4-142.
(b) A child is not bound by a determination of parentage
under this act unless:
(i) The determination was based on an unrescinded
acknowledgment of paternity and the acknowledgement is
consistent with the results of genetic testing;
(ii) The adjudication of parentage was based on a
finding consistent with the results of genetic testing and the
consistency is declared in the determination or is otherwise
shown; or
(iii) The child was a party or was represented in the
proceeding determining parentage by an attorney representing the
child's best interest.
(c) In a proceeding to dissolve a marriage, the court is
deemed to have made an adjudication of the parentage of a child
if the court acts under circumstances that satisfy the
jurisdictional requirements of W.S. 20-4-142, and the final
order:
(i) Expressly identifies a child as a "child of the
marriage," "issue of the marriage," or similar words indicating
that the husband is the father of the child; or
(ii) Provides for support of the child by the husband
unless paternity is specifically disclaimed in the order.
(d) Except as otherwise provided in subsection (b) of this
section, a determination of parentage may be a defense in a
subsequent proceeding seeking to adjudicate parentage by an
individual who was not a party to the earlier proceeding.
(e) An adjudication of the paternity of a child issued by
a court of this state or by the filing of an acknowledgment of
paternity pursuant to W.S. 14-2-605 without the benefit of
genetic testing, may be challenged by a party to the
adjudication only if post-adjudication genetic testing proves
that the adjudicated father is not the biological father of the
child pursuant to W.S. 14-2-817. This section does not apply to
any of the following:
(i) A paternity determination made in or by a foreign
jurisdiction or a paternity determination which has been made in
or by a foreign jurisdiction and registered in this state in
accordance with the Uniform Interstate Family Support Act;
(ii) A paternity determination based upon a court or
administrative order of this state if the order was entered
based upon blood or genetic test results which demonstrate that
the alleged father was not excluded and that the probability of
the alleged father's paternity was ninety-nine percent (99%) or
higher.
(f) A petition for disestablishment of paternity shall be
filed:
(i) In the district court in which the paternity
order is filed;
(ii) In the case of an adjudication as a result of
the filing of an acknowledgment of paternity pursuant to W.S.
14-2-605, notwithstanding any other provision of this chapter,
the petition shall be filed within the earlier of two (2) years
after the petitioner knew or should have known that the
paternity of the child was at issue or as provided in W.S.
14-2-809(b);
(iii) In the case of an adjudication issued by a
court of this state, the petition shall be filed only by the
mother of the child, the adjudicated father of the child, the
child, if the child was a party to the adjudication, or the
legal representative of any of these parties. A petition filed
by an individual who is not a party to the adjudication shall be
filed pursuant to W.S. 14-2-809. The petition under this
paragraph shall be filed no later than two (2) years after the
petitioner knew or should have known that the paternity of the
child was at issue.
(g) The court shall appoint an attorney to represent the
best interests of a child if the court finds that the best
interests of the child is not adequately represented. In cases
concerning an adjudication of paternity pursuant to subsection
(c) of this section, the court shall appoint an attorney to
represent the best interests of the child. In determining the
best interests of the child, the court shall consider the
following factors:
(i) The length of time between the proceeding to
adjudicate parentage and the time that the adjudicated father
was placed on notice that he might not be the genetic father;
(ii) The length of time during which the adjudicated
father has assumed the role of the father of the child;
(iii) The facts surrounding the adjudicated father's
discovery of his possible nonpaternity;
(iv) The nature of the relationship between the child
and the adjudicated father;
(v) The age of the child;
(vi) The harm that may result to the child if
adjudicated paternity is successfully disproved;
(vii) The nature of the relationship between the
child and any alleged father;
(viii) The extent to which the passage of time
reduces the chances of establishing the paternity of another man
and a child support obligation in favor of the child; and
(ix) Other factors that may affect the equities
arising from the disruption of the father-child relationship
between the child and the adjudicated father or the chance of
other harm to the child.
(h) The court may order genetic testing pursuant to
article 7 of this chapter.
(j) The court may grant relief on the petition filed in
accordance with this section upon a finding by the court of all
of the following:
(i) The relief sought is in the best interests of the
child pursuant to the factors in this section;
(ii) The genetic test upon which the relief is
granted was properly conducted;
(iii) The adjudicated father has not adopted the
child;
(iv) The child is not a child whose paternity is
governed by article 9 of this chapter;
(v) The adjudicated father did not act to prevent the
biological father of the child from asserting his paternal
rights with respect to the child.
(k) If the court determines that test results conducted in
accordance with W.S. 14-2-703 and 14-2-704 exclude the
adjudicated father as the biological father, the court may
nonetheless dismiss the action to overcome paternity and affirm
the paternity adjudication if:
(i) The adjudicated father requests that paternity be
preserved and that the parent-child relationship be continued;
or
(ii) The court finds that it is in the best interests
of the child to preserve paternity. In determining the best
interests of the child, the court shall consider all of the
factors listed in this section.
(m) If the court finds that the adjudication of paternity
should be vacated, in accordance with all of the conditions
prescribed, the court shall enter an order which provides all of
the following:
(i) That the disestablishment of paternity is in the
best interests of the child pursuant to the factors in this
section;
(ii) That the adjudicated father is not the
biological father of the child;
(iii) That the adjudicated father's parental rights
and responsibilities are terminated as of the date of the filing
of the order;
(iv) That the birth records agency shall amend the
child's birth certificate by removing the adjudicated father's
name, if it appears thereon, and issue a new birth certificate
for the child;
(v) That the adjudicated father is relieved of any
and all future support obligations owed on behalf of the child
from the date that the order determining that the established
father is not the biological father is filed;
(vi) That any unpaid support due prior to the date
the order determining that the adjudicated father is not the
biological father is filed, is due and owing;
(vii) That the adjudicated father has no right to
reimbursement of past child support paid to the mother, the
state of Wyoming or any other assignee of child support.
(n) Participation of the Title IV-D agency in an action
brought under this section shall be limited as follows:
(i) The Title IV-D agency shall only participate in
actions if services are being provided by the Title IV-D agency
pursuant to title 20 chapter 6 of the Wyoming Statutes;
(ii) When services are being provided by the Title
IV-D agency under title 20 chapter 6 of the Wyoming Statutes,
the Title IV-D agency may assist in obtaining genetic tests
pursuant to article 7 of this chapter;
(iii) An attorney acting on behalf of the Title IV-D
agency represents the state of Wyoming in any action under this
section. The Title IV-D agency's attorney is not the legal
representative of the mother, the adjudicated father or the
child in any action brought under this section.
(o) The costs of genetic testing, the fee of any guardian
ad litem and all court costs shall be paid by the person
bringing the action to overcome paternity unless otherwise
provided by law.
(p) A man presumed to be the father of a child without
adjudication of paternity may bring a proceeding to adjudicate
paternity pursuant to W.S. 14-2-807.