Can a person use genetic test results to rebut the presumption that he is the father of the child?

Full question:

I married a year before in Utah. Thereafter a child was born. But I found that my wife had an extramarital affair and the child was not mine. I wanna prove that am not the father of that child. Can I prove it by a genetic test?

• Category: Paternity
• Date: 04/07/2025
• State: Utah

Answer:

Normally, you are presumed to be the father of the child since you and your wife are married to each other and the child is born during the marriage. But the presumption can be rebutted by genetic test results that show you are not the child’s father, or a genetic test result that identifies another man as the child’s father.

Utah Code Ann. § 30-1-17.2 

“(2) A man is presumed to be the father of a child if:

     (a) he and the mother of the child are married to each other and the child is born during the marriage . . ..”
 
Utah Code Ann. § 78B-15-607
“***
(3) The presumption may be rebutted by:

     (a) genetic test results that exclude the presumed father;

     (b) genetic test results that rebuttably identify another man as the father . . ..”