ESTABLISHMENT OF PARENTAGE
CS 315P Voluntary Declaration of
Paternity by Parents
04/87
Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 09/30/25
Utah Code 26B-8-104, 81-5-301
through 313
Effective
May 16, 1994, biological fathers may voluntarily acknowledge parentage of a
child born in the state of Utah to an unmarried mother by signing the
“Voluntary Declaration of Paternity” (VDP). The VDP is an Office of Vital
Records and Statistics (OVRS) form and may be signed by the birth parents at
the time of the child’s birth, or at any time after the birth of the child.
In approximately September 2006, OVRS updated the VDP to the
“Voluntary Declaration of Paternity,” removing “Affidavit” from the title of
the form and the requirement for identification from the signatories.
Utah Code 81-5-302 provides the
requirements for a valid VDP as follows:
“(1) A declaration of paternity
described in Section 81-5-301 must:
(a) be in
a record;
(b) be signed, or otherwise
authenticated, under penalty of perjury, by the birth mother and by the
declarant father;
(c) be signed by the birth mother
and declarant father in the presence of two witnesses who are not related by
blood or marriage;
(d) state that the child whose
paternity is being declared:
(i) does
not have a presumed father, or has a presumed father whose full name is stated;
and
(ii) does not have another
declarant or adjudicated father;
(e) state whether there has been
genetic testing and, if so, that the declarant man's claim of paternity is
consistent with the results of the testing; and
(f) state that the signatories
understand that the declaration is the equivalent of a legal finding of
paternity of the child and that a challenge to the declaration is permitted
only under the limited circumstances described in Section 81-5-307.
(2) If the birth mother or the
declarant father is a minor child, the voluntary declaration must also be
signed by that minor child's parent or legal guardian.
(3) A declaration of paternity is
void if the declaration of paternity:
(a) states that another man is a
presumed father, unless a denial of paternity signed or otherwise authenticated
by the presumed father is filed with the Office of Vital Records and Statistics
in accordance with Section 81-5-303;
(b) states that another man is a
declarant or adjudicated father; or
(c) falsely denies the existence
of a presumed, declarant, or adjudicated father of the child.
(4) A presumed father may sign or
otherwise authenticate a declaration of paternity.
(5) The declaration of paternity
shall be:
(a) in a form prescribed by the
Office of Vital Records and Statistics; and
(b) accompanied with a written and
verbal notice of the alternatives to, the legal consequences of, and the rights
and responsibilities that arise from signing the declaration.
(6) The social security number of
any individual who is subject to declaration of paternity shall be placed in
the records relating to the matter.
(7) (a) The declaration of
paternity shall become an amendment to the original birth certificate.
(b) The original certificate and
the declaration shall be marked as to be distinguishable.
(c) The declaration may be
included as part of subsequently issued certified copies of the birth
certificate.
(d)
Alternatively, electronically issued copies of a certificate may reflect the
amended information and the date of the amendment only.
(8) (a) A declaration of paternity
may be completed and signed any time after the birth of the child.
(b) A declaration of paternity may
not be signed or filed after consent to or
relinquishment for adoption has been signed.
(9) A declaration of paternity
shall be considered effective when filed and entered into
a database established and maintained by the Office of Vital Records and
Statistics.”
Utah Code 81-5-305 explains the effect of a
signed and filed VDP:
“(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.”
Signing of the form by the mother
and biological father is strictly voluntary. The parents may not be influenced
in any way by healthcare or state workers. Until February 2006, a pamphlet
titled “Voluntary Declaration of Paternity” served as the written notice to be
provided to signatories prior to signing the VDP. Effective February 2006, a
document titled “Voluntary Declaration of Paternity in Utah: What You Should
Know” replaced the pamphlet as the legally required written notice, although
“What You Should Know” can still be provided in addition to the pamphlet. Written
notice, “What You Should Know”, describing the parents’ rights,
responsibilities, and alternatives to signing the VDP must accompany the VDP
form and be given to the parents by personnel at hospitals, birthing
facilities, or designated state offices, including OVRS. All written
information provided by the birthing facility or designated agency includes a
telephone number to call for the legally required verbal notice also describing
the parents’ rights, responsibilities and alternatives to signing the VDP. Information
about the VDP, accompanying forms and procedures can be found on the ORS
website.
All completed VDP forms are filed
with OVRS by the birthing facility, a designated agency, or the signatories. If
a VDP is signed at a hospital or birthing facility, the biological father’s
information will be added to the child’s original birth certificate. If it is
signed later and filed with OVRS, the information will be added as an amendment
to the birth certificate.
The Office of Recovery
Services/Child Support Services (ORS/CSS) is not considered a designated agency
for the purpose of facilitating the establishment of parentage by providing VDP
forms. If the parties request a VDP from CSS, direct them to the local OVRS
office to obtain the VDP and the required verbal and written legal notices and
for filing the VDP after it has been completed. Do not accept a completed VDP
form or offer to file it for the parties.
For complete procedures to administratively establish child
support against a declarant father, refer to CS 305P Parentage: Adjudicated,
Presumed and Declarant Fathers.
If the parents inform you that they want to sign a VDP after the administrative parentage
establishment process has already begun, inform the parents that CSS does not
use the VDP to establish parentage. Repeat the recommendation for genetic
testing at no cost, and inform the parents that if they choose to forego
genetic testing they will waive the right to future
tests arranged and paid for by CSS. If the parents will not consent to genetic
testing, ask the parents to sign an administrative “Stipulation and Order: Parentage
and Child Support” form, and include the paragraph which declines and waives
the right to testing. If the parents are willing to submit to the testing,
proceed with the testing and if the father is not excluded, obtain an
administrative order of parentage and child support following the normal
procedures for an alleged father.
If the parents offer to sign the VDP after the case has been referred to the Attorney General's Office
(AGO) and a judicial action is pending (i.e. has been filed in court), refer the parents to the AGO. The assigned Assistant
Attorney General (AAG) will attempt to obtain genetic testing and a judicial parentage
and child support order. If no judicial action is yet pending, retrieve the
case from the AGO and attempt to proceed administratively, including arranging
genetic tests if those have not been conducted, as directed in CS 305P Parentage:
Adjudicated, Presumed and Declarant Fathers.
If you learn that the parents have already signed a Utah VDP and a
judicial action is pending and you need to refer the case to the AGO, obtain a
copy of the filed VDP and send it to the AGO in paper form. If the Utah VDP is
only available as an electronic image, obtain a copy of the VDP as an
attachment to an email by sending an email as instructed in policy. Print a
copy of the VDP and include it in the AGO referral packet. If you have already
referred the case to the AGO, forward a printed copy of the VDP through
interoffice mail to the assigned AAG. The assigned AAG will either attempt to
obtain a judicial child support stipulation, or submit the VDP to the court as
evidence in order to establish child support without
going to trial on the issue of parentage based on Utah Code 81-5-305 which
states:
“(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.”
All states are required by the
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of
1996 to have a law providing for voluntary declaration (Utah term) or
“acknowledgment” (PRWORA term, and often other states’ term) of paternity in hospitals
and for rescinding a declaration or “acknowledgment”. They will be similar to Utah’s voluntary declaration procedures. The
child’s state of birth determines which state may have the voluntary
declaration or acknowledgment of paternity. Children born in Utah will have the
Utah “Voluntary Declaration of Paternity by Parents” on file with OVRS if the
form has been completed by the parents.
If the child was born in another
state, that state’s declaration or acknowledgment may be completed and filed
with the vital statistics registrar in the state of the child’s birth. Contact
the vital statistics office or the IV-D agency in the child’s birth state for
assistance in determining if a declaration or acknowledgment has been filed in
another state.
Utah Code 81-5-310 states:
“A
tribunal of this state shall give full faith and credit to a declaration of
paternity or denial of paternity effective
in another state if the declaration or denial has been signed and is otherwise
in compliance with the law of the other state.”
Give full faith and credit to voluntary declarations or
acknowledgments obtained by other states. If a VDP was signed in another state
and either or both parents request genetic testing, the parent(s) must arrange
for genetic testing themselves. Even if privately-obtained
genetic tests exclude the declarant father, Utah cannot rescind another state’s
voluntary declaration. Parents who wish to rescind voluntary declarations
obtained by other states must initiate their own legal action in the state
where parentage was established. Notify the parents to provide a copy of the
other state’s rescission to CSS if it is successfully rescinded. If you are not
sure of the validity of an out of state voluntary declaration/acknowledgment or
of a denial/waiver of parentage, or how to proceed on the case, consult with the attorney
assigned AAG.
Rescission of the “Affidavit for
Voluntary Declaration of Paternity
by Parents”
Utah Code 81-5-306 governs a simple rescission
of a filed VDP by signing the rescission section on the back of the form as
follows:
“(1) A signatory may rescind a declaration of
paternity or denial of paternity by filing a voluntary rescission document with
the Office of Vital Records and Statistics in a form prescribed by the Office
of Vital records and Statistics before the earlier of:
(a) 60 days after the effective date of the
declaration or denial, as provided in Sections 81-5-303 and 81-5-304;
or
(b) the date of notice of the first
adjudicative proceeding to which the signatory is a party, before a tribunal to
adjudicate an issue relating to the child, including a proceeding that
establishes support.
(2) Upon receiving a voluntary rescission
document from a signatory under Subsection (1), the Office of Vital Records and
Statistics shall provide notice of the rescission, by mail, to the other
signatory at the last-known address of that signatory.”
Utah Code 81-5-307 governs the process for
challenging a signed and filed VDP once the rescission section of the form is
no longer applicable (after 60 days or after notice of an adjudicative
proceeding):
“(1) After the period for rescission under
Section 81-5-306 has expired, a signatory of a declaration of paternity or
denial of paternity or a child support services agency, may commence a
proceeding to challenge the declaration or denial only on the
basis of fraud, duress, or material mistake of fact.
(2) A party challenging a declaration of
paternity or denial of paternity has the burden of proof.
(3) A challenge brought on
the basis of fraud or duress may be commenced
at any time.
(4) (a) A challenge brought on
the basis of a material mistake of fact may be
commenced within four years after the declaration is filed with the
Office of Vital Records and Statistics.
(b) For the purposes of this Subsection (4), if
the declaration of paternity was filed with the Office of Vital Records and
Statistics to May 1, 2005, a challenge may be brought within four years after
May 1, 2005.
(5) For purposes of Subsection (4), genetic
test results that exclude a declarant father or that rebuttably identify
another man as the father in accordance with Section 81-5-505 constitute a
material mistake of fact.”
The mother or declarant father may file a court action to
challenge a VDP that was not challenged within the 60-day timeframe, or may
give consent for CSS to file the action if genetic testing results exclude the
declarant father by signing the “Parentage: Notice to Mother/Declarant Father
to Request or Decline Genetic Testing” form or the consent option in the “Parentage:
Genetic Test Exclusion to Mother/Declarant Father” form. While the testing may
be scheduled based on one party’s request, both parties must consent to having
the VDP rescinded before the AGO will act on genetic test results that exclude
the declarant father. Document this information in the narratives and in the
AGO case referral. For additional information, refer to CS 329P-1 Parentage
Disestablishment, Rescission of the “Voluntary Declaration of Paternity by
Parents”.
If an action is filed in the courts to
challenge/rescind a VDP, continue enforcing any existing orders per Utah Code
81-5-308 which states:
“(3)
Except for good cause shown, during the pendency of a proceeding to rescind or
challenge a declaration of paternity or denial of paternity, the tribunal may
not suspend the legal responsibilities of a signatory arising from the
declaration, including the duty to pay child support.”
Do not proceed with parentage establishment for the next possible
alleged father until the VDP has been rescinded as there is the possibility
that the courts could uphold the VDP.
If the VDP is rescinded by court order, end the current support
obligation on ORSIS prospectively from the date of the rescission order. In
accordance with Utah Code 81-5-305:
“(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.
(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.”