Paternity Disputes in North Dakota
In North Dakota, the legal framework for paternity disputes is governed by the North Dakota Century Code. This article will explore the legal procedures and implications when a mother contests paternity in North Dakota, referencing the relevant statutes and court rules.
Genetic Testing in Paternity Disputes
According to Section 14-20-49 of the North Dakota Century Code, genetic testing is a crucial tool in paternity disputes. If the mother contests paternity, the court may order genetic testing of the child and the man whose paternity is being determined. The mother’s genetic testing is not a condition precedent to this process. If the mother is unavailable or declines to submit to genetic testing, the court may still proceed with the testing of the child and the man whose paternity is being adjudicated.
Adjudication of Paternity
The results of genetic testing play a significant role in the adjudication of paternity. As per Section 14-20-29, unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child must be adjudicated the father of the child. Conversely, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
Consequences of Declining Genetic Testing
If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court may adjudicate parentage contrary to the position of that individual, as per Section 14-20-49. This means that if the mother contests paternity and the presumed father refuses to undergo genetic testing, the court may rule against his paternity claim.
Acknowledgment and Denial of Paternity
The North Dakota Century Code Section 14-20-14 provides rules for acknowledgment and denial of paternity. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts. They may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed. This means that if a mother contests paternity, the presumed father can deny paternity, but this denial is not valid until the mother’s acknowledgment is also filed.
Limitations and Exceptions
There are limitations and exceptions to these rules. For instance, Section 14-20-44 states that 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 denial or challenge the paternity of the child only within the time allowed under section 14 -20-17 or 14 -20-18.
In conclusion, when a mother contests paternity in North Dakota, the court may order genetic testing of the child and the man whose paternity is being adjudicated. The results of this testing play a significant role in the adjudication of paternity. If the presumed father declines to submit to genetic testing, the court may rule against his paternity claim. The presumed father can also deny paternity, but this denial is not valid until the mother’s acknowledgment is also filed. There are also limitations and exceptions to these rules.