Paternity Determination in North Dakota
In North Dakota, the legal determination of paternity is governed by the North Dakota Century Code (NDCC) sections 14-20-1 through 14-20-65. These statutes provide a comprehensive framework for establishing, challenging, and disestablishing paternity. If you are unsure whether you are the biological father of a child, these laws provide several avenues for you to seek clarity.
Genetic Testing
Under NDCC 14-20-29, genetic testing is a primary method used to establish or disprove paternity. The results of genetic testing can either exclude a man as the father of a child or identify another man as the father. If the genetic testing neither identifies nor excludes a man as the father, the court may not dismiss the proceeding. Instead, the results of genetic testing, along with other evidence, are admissible to adjudicate the issue of paternity.
Rebutting Genetic Testing Results
According to NDCC 14-20-29, a man identified as the father of a child through genetic testing must be adjudicated the father of the child, unless the results of genetic testing are admitted to rebut other results of genetic testing. Similarly, 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.
Identical Brothers and Genetic Testing
In cases where a man identified as the father of a child is believed to have an identical brother, and there is evidence suggesting that the brother may be the genetic father of the child, the court may order genetic testing of the brother (NDCC 14-20-34). If each brother satisfies the requirements as the identified father of the child, the court may rely on non-genetic evidence to adjudicate which brother is the father of the child.
Confidentiality of Genetic Testing
The report of genetic testing for parentage is confidential under NDCC 14-20-35. An individual who knowingly releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen is subject to penalties.
Best Interest of the Child
In determining whether to deny a motion seeking an order for genetic testing, the court shall consider the best interest of the child, including factors such as the length of time the presumed or acknowledged father has assumed the role of father of the child, the nature of the relationship between the child and the presumed or acknowledged father, the age of the child, and the potential harm to the child if paternity is successfully disproved (NDCC 14-20-29).
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 (NDCC 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.
In conclusion, if you are unsure whether you are the biological father of a child in North Dakota, you have several legal options to seek clarity. These include genetic testing, rebutting genetic testing results, and admitting paternity. It is advisable to consult with a legal professional to understand your rights and responsibilities under North Dakota law.