Birth Certificate Specialist: Frequently Asked Questions

The questions in this section are those received from hospital and birthing facility staff. For general information about paternity establishment in Utah, see the Parents’ Frequently Asked Questions page.

Questions in this section are divided into the following categories:

Voluntary Declaration of Paternity

Question:

I recently ordered VDP pamphlets. I received the pamphlets, but I also received a form called “What You Should Know.” What am I supposed to do with this form?

Answer:

This form is now the only way to fulfill the legal requirement for giving the parents written notice of their rights and responsibilities before they sign a VDP. Give this form to each parent and encourage them to read it before they sign the VDP. This form is so important (in fact it is required) that the VDP asks the parents to confirm that they have received it.

So what role does that leave for the VDP pamphlet? Well, the pamphlet is your “sales pitch.” It answers beginning questions that many parents have and should do a lot of the educating work for you. The information in the pamphlet should give enough information for parents to decide if they are interested in a VDP. Then the “What You Should Know” form does the official legal work to guarantee that the parents know what they are signing.

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Question:

What custody and visitation rights do fathers get when they sign the Voluntary Declaration of Paternity?

Answer:

Since the VDP gives a man the same legal rights that married parents have, of course custody and visitation are part of that “package” of rights; however, they are given in an indirect way. Signing a VDP does not instantly give a father a specific set of custody and visitation rights (such as joint custody or “Wednesday nights and every other weekend”). Instead, a VDP allows the parents to work out these issues for themselves and find the arrangement that is right for them. If the parents cannot agree on these issues, they may need to go for mediation or to court to work out a more formal arrangement. The VDP gives a father the right to pursue custody or visitation through formal legal channels if the parents are unable to agree on an arrangement.

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Genetic Tests and Other ORS/CSS Services

Question:

Can you tell me more about FREE genetic tests from ORS if the parents apply for child support services?

Answer:

ORS contracts with a few genetic test labs to provide tests to our clients. Paternity establishment is an important legal process, so it is important that the correct man is identified as the father. Because this is so important, we offer genetic tests for free if the parents are willing to apply for our office to legally establish paternity and a child support order.

Just because parents establish the child support order doesn't mean that they have to continue working with ORS to collect child support. Once the paternity is legally established, the parents can choose to close their case with our office—as long as the child is not receiving financial assistance or some types of medical assistance.

About the actual tests: ORS has a phlebotomist who gathers the genetic test samples in our Ogden, Layton, Provo, and Salt Lake offices on certain days each month. If those locations aren't convenient for the parents, we can work with the genetic laboratory phlebotomists to find a better location, usually at a local hospital. We take the DNA samples by scraping a buccal swab (like a Q-tip) inside their mouths, so no needles are involved! Once we have samples from both parents and from the child, the laboratories complete the analysis and provide the results in just a few weeks.

When ORS receives the results, a caseworker will notify the parents and work with them to establish the paternity and child support order. Remember, once the order is final, the parents can choose to close the ORS case instead of using our collection services. But if they ever decide that they need us, we’ll be there!

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Question:

How do parents apply for child support services through the Office of Recovery Services (ORS)? What are the qualifications they must have?

Answer:

There are no qualifications that parents need to meet to apply for services with our office. We offer services to everyone, and we will accept an application for services from either parent.

Here are two easy ways for parents to get an application:

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Question:

The application for child support services at the Office of Recovery Services says that the applicant must provide a copy of any paperwork that establishes paternity. Do they really have to get a copy of the signed VDP, or is the birth certificate with the father’s name on it enough?

Answer:

The Office of Vital Records and Statistics and the Office of Recovery Services have worked together for many years to share the paternity establishment information that is required for a child support services case. As a result of this relationship, ORS is able to verify that paternity has been established by a Utah VDP whenever it becomes necessary for a child support case.

The parents will find that the birth certificate with the father’s name on it is all that many places ask for and that it will be sufficient for many other purposes throughout the child’s life. However, if there is a legal question about paternity, a father’s name on the birth certificate is not enough to legally establish paternity unless it is backed up by a VDP, a court order, or the fact that the parents were married at the time of birth.

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Question:

We had a situation where the Office of Recovery Services added the father’s name to the birth certificate after establishing paternity with an administrative order. Why does ORS add names to the birth certificate, and are parents notified that this will happen?

Answer:

The reason that ORS adds names to the birth certificate is because it is required by Utah law found in Utah Code Annotated 26-2-5(8):

“(8) Voluntary declarations of paternity, adjudications of paternity by judicial or administrative agencies, and voluntary rescissions of paternity shall be filed with and maintained by the state registrar for the purpose of comparing information with the state case registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104.”

The Office of Vital Records and Statistics is the “State Registrar” for Utah; therefore, all paternity establishments are reported to their office and the paternity information is added to the birth record for the child, which means it will appear on the birth certificate the next time one is issued.

In 2005, Utah passed the Uniform Parentage Act which again confirmed that all paternity determinations were to be recorded with the State Registrar (still OVRS). Since that time, ORS has added a statement to its Notice of Agency Action and its administrative order that notifies/reminds the parents that the paternity establishment information will be recorded with the State Registrar as required by law.

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Ordering Supplies

Question:

How can I order more supplies from Paternity Matters?

Answer:

There are several ways to order supplies from Paternity Matters, but the easiest way to order supplies is on this website. Click on the Birth Certificate Specialists link at the top of the page and select “Supplies.” This will take you to an order form where you can provide your name and mailing address, tell us which supplies you need and how many to send you. When you submit the form, the information is sent to the Paternity Matters group who will fill your order and send what you have requested.

Of course, please feel free to call us at (800)662-8525 or to e-mail us with your needs at orspaternitymatters@utah.gov. No matter how you get the information to us, we’ll get you the supplies you need as quickly as possible.

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Question:

How much do you charge for Paternity Matters materials?

Answer:

Paternity Matters provides our materials for your use with clients at no cost to you or your hospital or birthing facility.

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Presumed (Legal) Fathers

Question:

If a legal father will not sign the back of the Voluntary Declaration of Paternity, and he wants to be listed as the father on the birth certificate, should we list him as the father even if the mother doesn’t name him? In our situation, the legal father’s attorney told him that it was his right to be on the birth certificate because he was married to the mother at the time of birth.

Answer:

It is true that “legal fathers” (now known as “presumed fathers” due to a recent change in Utah law) have some automatic “fatherhood” rights based on being married to the mother at the time of birth; otherwise, we would have to establish paternity for every single child that is born, whether the parents were married or not. However, the presumption of paternity that results from the mother being married to a man at the time of birth or in the 300 days preceding the time of birth only goes so far and can be legally rebutted (challenged) to allow the real biological father to assume the legal rights and responsibilities of fatherhood.

Utah laws protect the presumed father’s rights until he denies those rights by signing the back of the VDP, or until he is legally found not to be the father. Therefore, this presumed father will still have the ability to work with his attorney to legally confirm whether he is or is not the father of the child, even though he is not listed as the father on the birth certificate. If the court determines that he is really the father of the child, the father’s name can be added to the birth certificate at that time.

On the birth certificate worksheet, the mother has the ability to indicate that she is married, but not to the father of the child. Follow the training that has been provided to you by the Office of Vital Records and Statistics concerning what you should enter on the birth certificate based on the mother’s answers to these questions.

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Minor Parents

Question:

Who can sign a VDP with a minor father or mother? The form says “parent or legal guardian,” but what if custody of the minor mother or father is an issue, or if the parents of the minor mother or father disagree about signing?

Answer:

Utah code simply states:

”If either the birth mother or the declarant father is a minor, the voluntary declaration must also be signed by that minor's parent or legal guardian” [U.C.A. 78-45g-302(2)].

There is no reason to complicate which parents can sign with a minor mother or father by considering issues like custody. Just focus on whether the person signing is the minor’s parent: If the person is the minor’s parent, that parent can sign.

If the person who wants to sign the VDP with the minor mother or father is not one of his/her parents, that person must have been named as a legal guardian— someone who has authority to enter into legal obligations for that minor.

If the minor’s parents do not agree with each other about signing the VDP, there may be too many unresolved questions for them to sign the VDP. It may be more appropriate to establish paternity using one of the other methods that are available so that those questions can be resolved at the same time. (The parents and the minors can apply for services at ORS, for example.)

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Question:

What if a minor mother or minor father does not have a parent or legal guardian available to sign the back of the Voluntary Declaration of Paternity, but the minor mother and minor father are willing to sign (for example, a young mother whose parents live in another country, but the mother lives in Utah with the baby’s father)? Is there anything we can do for them? How can they establish paternity?

Answer:

Unfortunately, there is no exception available that allows a minor father or minor mother to sign the Voluntary Declaration of Paternity when parents or legal guardians are not available to sign the document with them.

While the mother and/or father of the baby remain minors, the Office of Recovery Services does not use the administrative process to establish paternity. The only method of paternity establishment that is available to minor parents when their parents or legal guardians cannot (or will not) sign the VDP is a Judicial Paternity Order. The Judicial courts will also involve parents or legal guardians, taking precautions to protect the minor parent’s rights.

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