81-5-608. Authority to deny motion for genetic testing or disregard test results.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of the child.

(2)In a proceeding to adjudicate the parentage of a child, the tribunal may:

(a)deny a motion seeking an order for genetic testing; or

(b)disregard the genetic test results that exclude the presumed father, declarant father, or possible father if testing has been completed and the tribunal determines that:

(i)the conduct of the birth mother or the presumed father, declarant father, or possible father estops that party from denying parentage; and

(ii)it would be inequitable to disrupt the parent-child relationship between the child and the presumed father, declarant father, or possible father.

(3)In determining whether to deny a motion seeking an order for genetic testing or to disregard genetic test results under this section, the tribunal shall consider the best interest of the child, including the following factors:

(a)the length of time between the proceeding to adjudicate parentage and the time that the presumed father, declarant father, or possible father was placed on notice that the presumed father, declarant father, or possible father might not be the genetic father of the child;

(b)the length of time during which the presumed father, declarant father, or possible father has assumed the role of parent of the child;

(c)the facts surrounding the presumed father's, declarant father's, or possible father's discovery of the their possible nonparentage;

(d)the nature of the relationship between the child and the presumed father, declarant father, or possible father;

(e)the age of the child;

(f)the harm that may result to the child if presumed or declared parentage is successfully disestablished;

(g)the nature of the relationship between the child and any alleged father;

(h)the extent to which the passage of time reduces the chances of establishing the parentage of another individual and a child-support obligation in favor of the child; and

(i)other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed father, declarant father, or possible father or the chance of other harm to the child.

(4)If the tribunal denies a motion seeking an order for genetic testing or disregards genetic test results that exclude the presumed father, declarant father, or possible father, the tribunal shall issue an order adjudicating the presumed father, declarant father, or possible father to be the father of the child.

Amended by Chapter 155 , 2026 General Session