PART VI.  SPECIAL RULES FOR PROCEEDINGS

 

     [§584A-601]  Adjudicating parentage of child with alleged genetic parent.  (a)  A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced:

     (1)  Before the child becomes an adult; or

     (2)  After the child becomes an adult, but only if the child initiates the proceeding.

     (b)  Except as otherwise provided by law, this subsection shall apply in a proceeding described in subsection (a) if the individual who gave birth to the child is the only other individual with a claim to parentage of the child.  The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

     (1)  Is identified under section 584A-705 as a genetic parent of the child and the identification is not successfully challenged under section 584A-705;

     (2)  Admits parentage in a pleading, when making an appearance, or during a hearing; the court accepts the admission; and the court determines the alleged genetic parent to be a parent of the child;

     (3)  Declines to submit to genetic testing ordered by the court or the child support enforcement agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;

     (4)  Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or

     (5)  Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

     (c)  If in a proceeding involving an alleged genetic parent at least one other individual in addition to the individual who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under section 584A-607, unless a valid denial of parentage is filed in accordance with section 584A-608. [L 2025, c 298, pt of §2]