ESTABLISHMENT
OF PARENTAGE
CS 328P Intergovernmental
4/87 Revised 09/02/25 Training
Completed 09/16/25 Last Reviewed 09/30/25
45 CFR 303.7; Utah Code 78B-3-205, 81-5-201, 81-5-308, 81-5-604
Alleged Father Does Not Reside In Utah
If you have determined from the mother that the out-of-state
alleged father will voluntarily cooperate with parentage establishment, provide
the opportunity for genetic testing at no cost to the parties. If genetic
testing is completed and the alleged father is not excluded, ask the parents to
sign an administrative Stipulation and Order: Parentage and Child Support form
that includes the option indicating that the parents submit to personal
jurisdiction by this State and specifically waive any right to contest this
personal jurisdiction. If the parents fail to sign the stipulation, establish parentage
and support using the UIFSA process in the state where the alleged father
resides.
Utah Long-Arm Criteria
You may
bring an action against a noncustodial parent/alleged father residing in
another state if the case meets one of the criteria listed in Utah’s Long-Arm
statute found in Utah Code 78B-3-205:
“Notwithstanding Section 16-10a-1501, any person or personal
representative of the person, whether or not a citizen
or resident of this state, who, in person or through an agent, does any of the
following enumerated acts is subject to the jurisdiction of the courts of this
state as to any claim arising out of or related to: . . .
(6) with respect to actions of divorce, separate maintenance, or
child support, having resided, in the marital relationship, within this state
notwithstanding subsequent departure from the state; or the commission in this
state of the act giving rise to the claim, so long as that act is not a mere
omission, failure to act, or occurrence over which the defendant had no
control; or
(7) the commission of sexual intercourse within this state which
gives rise to parentage action under Title 81, Chapter 5, Uniform Parentage
Act, to determine parentage for the purpose of establishing responsibility for
child support.”
Utah Code 81-5-604 provides additional
information concerning jurisdiction in parentage issues.
It states:
“(1)
An individual may not be adjudicated to be a parent unless the tribunal has
personal jurisdiction over the individual.
(2) A tribunal of this state having jurisdiction to
adjudicate parentage may exercise personal jurisdiction over a nonresident
individual, or the guardian or conservator of the individual, if the conditions
prescribed in Section 81-8-201 are fulfilled, or the individual has signed a declaration of paternity.
(3) Lack of jurisdiction over one individual does not
preclude the tribunal from making an adjudication of parentage binding on
another individual over whom the tribunal has personal jurisdiction.” (Emphasis
added.)
Utah Code 81-5-308 provides information
concerning jurisdiction in rescission/challenge proceedings:
“(2) For the purpose of rescission of, or challenge to, a
declaration of paternity or denial of paternity, a signatory submits to
personal jurisdiction of this state by signing the declaration or denial,
effective upon the filing of the document with the Office of Vital Records and
Statistics.”
UIFSA Long-Arm Criteria
You may bring an action against a noncustodial
parent (NCP)/alleged father residing in another state if the case meets one of
the criteria listed in Utah Code 81-8-201:
“(1)
In a proceeding to establish or enforce a support order or to determine
parentage of a child, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual, or the individual's guardian or
conservator, if:
(a) the individual is personally served with notice within
this state;
(b) the individual submits to the jurisdiction of this state
by consent in a record, by entering a general appearance, or by filing a
responsive document having the effect of waiving any
contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided
prenatal expenses or support for the child;
(e) the child resides in this state as a
result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this
state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage of a child in the
putative father registry maintained in this state by the Office of Vital
Records and Statistics in accordance with Chapter 13, Adoption; or
(h) there is any other basis consistent with the
constitutions of this state and the United States for the exercise of personal
jurisdiction.
(2) The bases of personal jurisdiction set forth in
Subsection (1) or in any other law of this state may not be used to acquire
personal jurisdiction for a tribunal of this state to modify a child-support
order of another state unless the requirements of Section 81-8-611 are met, or,
in the case of a foreign support order, unless the requirements of Section 81-8-615 are met.”
Refer to CS 220P Long-Arm for more information. If the case does
not meet the long-arm criteria, attempt to establish parentage using the UIFSA
process in the state where the father resides. For more information, refer to
the CS 220P-222P Outgoing Intergovernmental Cases.
Long-Arm Procedures
Long-Arm Notice of Agency Action:
Parentage and Child Support: Federal regulations require states to use long-arm statutes
whenever possible to establish parentage. Utah's long-arm statute allows parentage
to be established and support ordered, even though the
alleged father lives in another state, if the case meets one of the long-arm
criteria found in the UIFSA Long Arm Criteria section above.
Follow the
procedures and use the forms listed in the Establishment of Parentage sections
of policy (CS 300P-329P).
Document the
evidence for Utah’s long-arm jurisdiction per the UIFSA criteria in the case
narratives. Choose the correct options within the NAA to indicate Utah’s
jurisdiction over the parties.
If the NCP
requests genetic testing, contact one of the genetic testing labs contracted
with
If the NCP
requests a hearing and parentage is an issue, you may attempt to resolve the
issues informally with the NCP and obtain a signed Stipulation and Order: Parentage
and Child Support form to indicate that the NCP is waiving the hearing. If you
cannot obtain a stipulation, dismiss the NAA and either refer the case to the
AGO for judicial action (you must be able to successfully serve the NCP in the
other state) or send an interstate referral to the NCP’s state. For more
information, refer to CS 222P Intergovernmental Referral Methods
UIFSA
If the case does not meet any of the long-arm criteria listed
above and the out-of-state alleged father will not sign a stipulation to submit
to Utah’s jurisdiction, parentage must be established in the state where the
alleged father resides using the UIFSA process. For more information, refer to
CS 220P-222P Outgoing Intergovernmental for more information.
Federal regulations found at 45
Mother Does Not Reside In Utah
Incoming Intergovernmental Case
Procedures:
If another state refers a case to Utah
for the establishment of parentage and a support order, work the case as you
would any other intrastate case to the extent possible. Coordinate case
activities as needed with the initiating agency either over CSENet,
by telephone, or in writing. If you need to serve the alleged father and you
need the initiating agency to provide additional information, you may either
send a CSENcet narrative or send the Interstate:
Progress Report form. Federal regulations found at 45
Any costs that are incurred as a result of establishing parentage must be paid by Utah. Therefore, before considering an action that may result in extensive costs, such as a court action that will require the obligee to travel to Utah, consult first with your manager or attorney.