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Who the Father Is on Paper

Utah Code 81-5-204 — a child born during the marriage or within 300 days after it

A man is presumed to be a child's father when he and the birth mother are married and the child is born during the marriage, or the child is born within 300 days after the marriage ends by death, annulment, declaration of invalidity or divorce, or after a decree of separation.

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Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.

  • The same is true of an attempted marriage that is or could be declared invalid.
  • A man who marries the mother after the birth is presumed the father if he voluntarily asserted parentage and filed it with vital records, is named on the birth certificate with his agreement, or promised in a record to support the child as his own.
  • A presumption may be rebutted only as the parentage act provides.
Sources for this section (1)
  1. Utah Code 81-5-204 — Presumption of parentage

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.

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