Can a child challenge a voluntary declaration of paternity in Utah? In re J.E. Explained

The Utah Court of Appeals recently addressed whether a child has statutory standing to challenge a voluntary declaration of paternity when genetic testing contradicts the declared paternity. In In re J.E., the court affirmed a child’s right to mount such challenges while clarifying the proper remedy.

Background and Facts

Father and Mother filed a voluntary declaration of paternity for Child in August 2021, both swearing they believed Father was the biological father. The Utah Office of Vital Records accepted the declaration and issued an amended birth certificate listing Father as the parent. However, genetic testing completed in September 2021 conclusively established that Father was not Child’s biological father. The guardian ad litem representing Child challenged the declaration under Utah Code section 78B-15-623, arguing the declaration was inconsistent with genetic testing results.

Key Legal Issues

The central question was whether a child has statutory standing under section 78B-15-623 to challenge a voluntary declaration of paternity based on inconsistent genetic testing. Additionally, the court addressed whether such a successful challenge renders the declaration void ab initio or sets it aside prospectively.

Court’s Analysis and Holding

The court applied principles of statutory interpretation, examining the plain language of section 78B-15-623(2). The statute provides that “[a] child is not bound by a determination of parentage” unless specific criteria are met, including that the declaration be “consistent with the results of genetic testing.” Because none of the statutory exceptions applied—the declaration was inconsistent with genetic testing—the court held Child was “not bound by” the determination and therefore had the right to challenge it. The court reasoned that without such a right to challenge, the phrase “not bound by” would be meaningless.

Practice Implications

The decision clarifies that children have clear statutory standing to challenge paternity declarations under section 78B-15-623. However, practitioners should note the court’s important distinction regarding remedies: successful challenges based on genetic testing inconsistency set aside declarations prospectively rather than voiding them ab initio. This means the putative parent had valid parental rights from the declaration’s filing until the court’s order, which has significant implications for custody, support, and other parental obligations during that interim period.