TN 122 (12-23)

GN 00306.645 Utah Intestacy Laws

Child or father acquires status of child or parent if:

1. 1. 

   Prior to 04/23/90, parents intermarry; or father publicly acknowledged the child as his own, received it as his child into his family (with his wife's consent if he was married), and otherwise treated it as his legitimate child*; or

2. 2. 

   (I) effective 07/01/77:

   1. a. 

      the natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

   2. b. 

      paternity is established by an adjudication before or after the father's death by clear and convincing proof. Paternity established in this way does not qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child.

      The Utah Supreme Court has stated that clear and convincing evidence "implies something more than the usual requirement of a preponderance, or greater weight, of the evidence; and something less than proof beyond a reasonable doubt." The court has further explained that "for a matter to be clear and convincing to a particular mind it must at least have reached the point where there remains no serious or substantial doubt as to the correctness of the conclusion." Genetic test results may serve as clear and convincing evidence.**

   Although the provisions of this paragraph became effective 07/01/77, they may also apply to situations in which the insured worker died before that date. If you are uncertain whether this law is applicable, refer the matter to the Office of the General Counsel (OGC).

3. 3. 

   there is a presumption of paternity created by genetic test results**, as follows:

   1. a. 

      From 07/01/92 through 06/30/97, a man was presumed to be the natural father of a child if genetic testing resulted in a paternity index of at least 100, so long as the testing met certain reliability standards. The presumption could be rebutted only by clear and convincing evidence.

   2. b. 

      From 07/01/97 through 05/01/05, the applicable paternity index was 150. The presumption of paternity based on genetic test results could be rebutted only by a second similarly reliable test that resulted in an exclusion.

   3. c. 

      On 05/02/05, the applicable paternity index again became 100. The presumption of paternity based on genetic test results may now be rebutted only by other similarly reliable test results that exclude the man as the genetic father of the child or identify another man as the possible father of the child.

   NOTE: If the report providing genetic test results does not specify the paternity index, submit the case to OGC per GN 01010.815 ff.

* Where paternity is established by evidence and the child is publicly acknowledged by the unmarried father, and the father had contact with the child and the child's mother but did not bring the child into his home or home of his kindred, fully develop the circumstances of the father's relationship to the child and the child's mother (e.g., reasons for their not living together, their plans for living together later, his contributions to their support, his visits with them, their activities together, their correspondence with one another) and submit the case to OGC per GN 01010.815 ff.

** State law does not specify who may provide the blood or tissue samples used for genetic testing; rather, the emphasis is on the reliability of the test results. Therefore, if the wage earner/putative father is deceased and blood or tissue samples from him are not available, a court would likely rely on the results of genetic testing that used blood and tissue samples from members of the deceased wage earner's family.