Contesting Paternity in North Dakota
In North Dakota, the legal process of contesting paternity is governed by specific statutes and court rules. The process involves several steps, including genetic testing, court hearings, and potential legal repercussions. This article will explore these steps in detail, referencing the relevant North Dakota Century Code sections.
Genetic Testing
Under Section 14-20-29 of the North Dakota Century Code, genetic testing plays a crucial role in determining paternity. If a man is identified as the father of a child through genetic testing, he must be adjudicated as the father unless the results are contested with other genetic testing results. Conversely, if a man is excluded as the father through genetic testing, he must be adjudicated as not the father of the child, unless the results are contested with other genetic testing results.
If the court finds that genetic testing neither identifies nor excludes a man as the father of a child, the proceeding cannot be dismissed. In such a case, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity (Section 14-20-29).
Court Proceedings
If paternity is contested, a court proceeding is initiated. The court, without a jury, adjudicates the paternity of a child (Section 14-20-53). If a party requests and shows good cause, the court may close the proceeding (Section 14-20-54). However, a final order in a proceeding is available for public inspection, while other papers and records are only available with the consent of the parties or on order of the court for good cause.
If a man, after being served with process, is in default and is found by the court to be the father of a child, the court shall issue an order adjudicating his paternity (Section 14-20-55). The court may also dismiss a proceeding commenced under this chapter for want of prosecution (Section 14-20-56).
Legal Repercussions
If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or challenge the paternity of the child only within the time allowed under Section 14-20-17 or 14-20-18 (Section 14-20-44).
If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication (Section 14-20-44).
A party to an adjudication of paternity may challenge the adjudication only under the law of North Dakota relating to appeal, vacation of judgments, or other judicial review (Section 14-20-58).
Conclusion
Contesting paternity in North Dakota is a complex legal process that involves genetic testing, court proceedings, and potential legal repercussions. It is governed by specific sections of the North Dakota Century Code. Individuals involved in such cases are advised to seek legal counsel to navigate the intricacies of the law and ensure their rights are protected.