Unmarried Couples Paternity Rights vs Married Couples in Utah
When a couple has a child, certain legal rights attach to the parents regarding the newborn child.
While maternal rights are granted to the mother through the birth process, paternity rights vary depending on whether the father is married to the child’s mother. In Utah, establishing paternity works differently for unmarried fathers than for married fathers.
Establishing Paternity
For fathers who are married to the child’s mother at the time of birth, paternity is automatically recognized. For unmarried fathers, paternity is not automatic—it must be legally established before the father has enforceable rights to his child. Signing a declaration of paternity at the child’s birth and being placed on the birth certificate is not enough on its own.
Unwed fathers have three options for establishing paternity:
- Both the father and the mother can voluntarily sign a Declaration of Paternity in accordance with Utah Code Section 78B-15-302.
- The father, the mother, both parents, the child, or the state of Utah can petition the court for a judgment of paternity. If the petition is contested, the court may order genetic testing to verify paternity.
- Either parent can apply to the Office of Recovery Services for an Administrative Order of Paternity.
Once Paternity Is Established
Once paternity is established, an unmarried father has the same rights as a married father under Utah Code Section 78B-15-202. The father will have a legal obligation to provide financial support for the child, and the child becomes eligible for benefits from the father’s Social Security insurance or veteran’s benefits, as well as any inheritance. The father also gains the right to seek custody and parent-time and to participate in decisions regarding the child’s schooling, religious upbringing, and medical care.
Call an Experienced Paternity Lawyer
Fathers who want to play a role in their child’s life often need to establish paternity. The team at CoilLaw understands the frustration unwed fathers feel as they complete this process. We know the ins and outs of Utah paternity law, and we can help. Call us at (801) 884-3775 today.
CoilLaw, LLC
10815 South 700 East
Sandy, UT 84070
Phone: (801) 884-3775
