ESTABLISHMENT OF PArentage

CS 310P Mother or Alleged Father is Deceased

09/94 Revised 09/01/25 Training Complete 09/15/25 Last Reviewed 09/30/25

Utah Code 81-5-509

Introduction

The Office of Recovery Services (ORS) provides the opportunity for genetic testing to the participants (alleged father, mother, child, and the adjudicated, presumed, or declarant father, when appropriate) on a parentage case in order to determine the biological parentage of a child. In most cases, the testing is provided at no cost to the participants involved in the case. This policy provides procedures for genetic testing when the mother or alleged father is deceased.

Procedures – Mother is Deceased

When an ORS case is open, and the mother is deceased, you may attempt to establish parentage on the child through motherless (dyad) genetic testing or other means with your Regional Director’s (RD) approval. Have your RD indicate approval in a case-level narrative as a record that your request has been approved. A narrative from your RD must be added to the case before testing can continue.

If a case is not open, and a request to establish parentage is received, refer to procedures found in CS 307P Alleged Father Applicant and CS 356P-2 Specified Relative Cases, No Existing Order, Parentage and Order Establishment or another related policy.

NOTE: On Children-in-Care (CIC) cases, Associate Regional Director (ARD) approval for dyad testing is sufficient if genetic testing has been ordered by the Juvenile Court, otherwise, approval must be obtained from the RD.

Procedures – Alleged Father is Deceased

If the alleged father is deceased, but ORS is notified prior to burial or cremation, and a genetic tissue sample can be obtained from the Office of Medical Examiner (OME), you may pursue the genetic testing. If the OME requires a court order before releasing the genetic tissue sample, ORS will not pursue the sample; review the case for closure. Even if testing is completed and the results are positive for the deceased man, ORS will not pursue any additional legal action to adjudicate the deceased man as the father. Pend the case for closure as soon as the test results are received.

If the alleged father was personally served with paperwork to commence the parentage establishment action prior to his death and genetic tests have been completed showing that he was the biological father, consult with the assigned Assistant Attorney General on a case-by-case basis about the possibility of completing parentage establishment judicially.

NOTE: If the alleged father is deceased, and a genetic sample cannot be obtained from the OME, do not initiate an attempt to legally establish parentage on the child. Close the case.

Do not use the administrative process to issue an order against a deceased respondent, regardless of whether the individual was served prior to death.