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26-17-204
Section 26-17-204 Presumption of paternity. (a) A man is presumed to be the father of a child
if: (1) he and the mother of the child are married to each other and the child is born during
the marriage; (2) he and the mother of the child were married to each other and the child
is born within 300 days after the marriage is terminated by death, annulment, declaration
of invalidity, or divorce; (3) before the birth of the child, he and the mother of the child
married each other in apparent compliance with law, even if the attempted marriage is or could
be declared invalid, and the child is born during the invalid marriage or within 300 days
after its termination by death, annulment, declaration of invalidity, or divorce; (4) after
the child's birth, he and the child's mother have married, or attempted to marry, each other
by a marriage solemnized in apparent compliance with the law although the attempted marriage
is or could be declared invalid, and: (A) he has acknowledged his paternity...
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43-8-48
Section 43-8-48 Parent and child relationship. If, for purposes of intestate succession, a
relationship of parent and child must be established to determine succession by, through,
or from a person: (1) An adopted person is the child of an adopting parent and not of the
natural parents except that adoption of a child by the spouse of a natural parent has no effect
on the right of the child to inherit from or through either natural parent; (2) In cases not
covered by subdivision (1) of this section, a person born out of wedlock is a child of the
mother. That person is also a child of the father, if: a. The natural parents participated
in a marriage ceremony before or after the birth of the child, even though the attempted marriage
is void; or b. The paternity is established by an adjudication before the death of the father
or is established thereafter by clear and convincing proof, but the paternity established
under this paragraph is ineffective to qualify the father or his kindred to...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-17-201
Section 26-17-201 Establishment of parent-child relationship. (a) The mother-child relationship
may be established between a woman and a child by: (1) the woman's having given birth to the
child; (2) an adjudication of the woman's maternity; or (3) adoption of the child by the woman.
(b) The father-child relationship may be established between a man and a child by: (1) an
unrebutted presumption of the man's paternity of the child under Section 26-17-204; (2) an
effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment
has been rescinded or successfully challenged; (3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or (5) the man's having consented to assisted reproduction
by a woman under Article 7 which resulted in the birth of the child. (Act 2008-376, p. 666,
§2.)...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a
man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (a) Except
as otherwise provided in subsection (b), a presumed father may bring an action to disprove
paternity at any time. If the presumed father persists in his status as the legal father of
a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action
only by clear and convincing evidence. In the event two or more conflicting presumptions arise,
that which is founded upon the weightier considerations of public policy and logic, as evidenced
by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing
paternity of the child by another man. (Act 2008-376, p. 666, §2.)...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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45-37A-51.07
Section 45-37A-51.07 Retirement allowance and survivor's allowance. (a)(1) The words, terms,
and phrases of this section shall have the meaning ascribed to them by Act 929, unless it
appears from the context that a different meaning is intended. As used in this section and
Section 45-37A-51.11, these words and terms have the meanings hereby accorded them: a. DEFERRED
PENSION UNDER THE GENERAL RETIREMENT AND RELIEF SYSTEM. A pension granted to a firefighter
or police officer under Act 929, the payment of which does not commence until the pension
granted to such firefighter or police officer under this subpart ceases. b. DISABLED CHILD.
A firefighter's or police officer's son or daughter regardless of age who becomes disabled
prior to attaining age 18 with a medically determinable physical or mental impairment or impairments,
by reason of which impairment, or impairments, the son or daughter has been unable, and continues
to be unable, to engage in any substantially gainful activity. c....
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