Challenging Paternity in North Dakota
In North Dakota, challenging paternity involves a complex legal process that is governed by specific statutes and court rules. This article will provide a detailed overview of the legal procedures and requirements for challenging paternity in North Dakota.
Legal Basis for Challenging Paternity
The legal basis for challenging paternity in North Dakota is primarily found in the North Dakota Century Code (NDCC) sections 14-20-1 to 14-20-101, which govern the determination of parentage.
According to NDCC 14-20-11 (301), the mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity. However, this acknowledgment can be challenged under certain circumstances.
Procedures for Challenging Paternity
The procedures for challenging paternity in North Dakota are outlined in NDCC 14-20-12 (302). An acknowledgment of paternity must meet several requirements to be valid, including being signed under penalty of perjury by both the mother and the man seeking to establish his paternity.
If another man is a presumed father, the acknowledgment is void unless a denial of paternity signed by the presumed father is filed with the Department of Health and Human Services.
Genetic Testing
Genetic testing plays a crucial role in challenging paternity in North Dakota. According to NDCC 14-20-27 (503), the court may order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding.
The court may not order in utero testing if a request for genetic testing of a child is made before birth. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Adjudication of Paternity
If the results of genetic testing identify a man as the father of a child under NDCC 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.
Rebutting a Presumption of Paternity
A presumption of paternity established under NDCC 14-20-10 (300) may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.
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. If the court finds that the admission of paternity satisfies the requirements of NDCC 14-20-50 (623) 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, challenging paternity in North Dakota involves a complex legal process that requires a thorough understanding of the relevant statutes and court rules. It is advisable to seek legal counsel when navigating this process to ensure that all legal requirements are met and that the best interests of all parties involved are protected.