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House approves voluntary paternity-declaration bill, allows hospital signing and 24-month rescission period

Utah House of Representatives · February 23, 1994
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Summary

The House passed HB 322 unanimously to allow parents to file a voluntary paternity declaration (including at the hospital); the declaration establishes a father–child relationship, can be rescinded within 24 months on preponderance of evidence, and will be recognized as a basis for support orders.

Representative Norton presented House Bill 322 to create a voluntary declaration of paternity process to be available during pregnancy or after birth and to be recognized as a basis for support orders without additional proceedings. "The process must include a hospital-based program," Norton said, outlining that a signed declaration files the father'''s name with the birth certificate and creates liabilities and rights similar to a married father.

Members asked detailed questions. Representative Reber asked whether a father could sign unilaterally; Norton clarified the voluntary form requires both parties''' signatures and that if one party refuses a blood test or formal process exists (and the father can pursue blood testing or due process). Norton noted the declaration may be rescinded within 24 months with a preponderance of evidence (for example, a blood test) and after 24 months the declaration becomes a conclusive presumption of paternity, meaning other court processes would be required to overturn it.

Several representatives raised whether the form includes advice about child-support obligations and Norton's reply was that the form must explain responsibilities but does not require separate legal advice; due-process protections remain available in later support actions. Sponsors also said the bill carried a positive fiscal note. Voting on the House floor closed at 65 yes, 0 no; the bill will be transmitted to the Senate for further consideration.