Yes, paternity can be established without a DNA test in North Dakota. According to North Dakota Century Code 14-20-50 (623), a respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Establishing Paternity in North Dakota
In North Dakota, paternity can be established in several ways, including voluntary acknowledgment, presumption based on marriage, and court adjudication.
Voluntary Acknowledgment
According to North Dakota Century Code 14-20-50 (623), a man can voluntarily acknowledge paternity by filing a pleading or admitting paternity under penalty of perjury during a court appearance or hearing. If the court finds no reason to question the admission, it will issue an order adjudicating the child to be the child of the man admitting paternity.
Presumption Based on Marriage
In North Dakota, a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth or if the child is born within 300 days after the marriage ends due to death, annulment, declaration of invalidity, or divorce.
Court Adjudication
If paternity is disputed, it can be established through a court proceeding. The court may order genetic testing, but it is not always necessary. For instance, North Dakota Century Code 14-20-53 (632) states that the court, without a jury, shall adjudicate paternity of a child. If a man is served with a process and is in default, and the court finds him to be the father of a child, an order adjudicating paternity will be issued (North Dakota Century Code 14-20-55 (634)).
Disproving Paternity in North Dakota
In North Dakota, the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. However, unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under section 14 -20-29 must be adjudicated the father of the child.
Genetic Testing
Genetic testing is a common method used to disprove paternity. According to North Dakota Century Code 14-20-27 (503), unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
Court Adjudication
If the court finds that genetic testing under section 14 -20-29 neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
In conclusion, while genetic testing is a common and reliable method for establishing paternity, it is not the only method. In North Dakota, paternity can also be established through voluntary acknowledgment, presumption based on marriage, and court adjudication.