§ 10-7700-636. Order adjudicating parentage – Assessment of fees and costs – Change of child’s surname.  


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  • 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 shall identify the child by name and date of birth.

    C.  Except as otherwise provided in subsection D of this section, the court may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this Article.  The court may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name.

    D.  The court may not assess fees, costs, or expenses against the Department of Human Services or an agency of another state designated to administer a statewide plan for child support in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.S.C., Section 651 et seq., except as provided by other law.

    E.  If both the mother and the father agree to change the surname of the child to that of the father, the court may order that the name be changed.

    F.  If the order of the court is at variance with the child’s birth certificate, the court shall order the State Department of Health, Division of Vital Records to issue an amended birth registration.

Added by Laws 2006, c. 116, § 55, eff. Nov. 1, 2006.