Yes, paternity can be established through the courts in North Dakota. The process is governed by various sections of the North Dakota Century Code.
Establishing Paternity through the Courts
In North Dakota, the legal process of establishing paternity is governed by the North Dakota Century Code. The court plays a crucial role in adjudicating paternity, especially in cases where the paternity of a child is disputed or unclear.
Genetic Testing
According to Section 14-20-29 of the North Dakota Century Code, 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.
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.
Adjudication of Paternity
The court, without a jury, shall adjudicate paternity of a child as per Section 14-20-53. If a man is identified as the father of a child under Section 14-20-29, he must be adjudicated the father of the child, unless the results of genetic testing are admitted to rebut other results of genetic testing.
Conversely, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child, unless the results of genetic testing are admitted to rebut other results of genetic testing.
Admission of Paternity
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, as per Section 14-20-50. 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.
Establishment of Parent-Child Relationship
The father-child relationship is established between a man and a child by an unrebutted presumption of the man’s paternity of the child under Section 14-20-10, an effective acknowledgment of paternity by the man under sections 14-20-11 through 14-20-24, an adjudication of the man’s paternity, adoption of the child by the man, or the man’s having consented to assisted reproduction by a woman under sections 14-20-59 through 14-20-65 which resulted in the birth of the child, as per Section 14-20-07.
In conclusion, the courts in North Dakota play a crucial role in establishing paternity, whether through genetic testing, adjudication, or admission of paternity. The process is governed by various sections of the North Dakota Century Code, ensuring that the rights of all parties involved are protected.