Olguin v. AndertonAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Mother's motion to dismiss Plaintiff's petition to adjudicate his paternity of a child he conceived with Mother while she was married to Father, holding that the Utah Uniform Parentage Act (UUPA) granted standing to Plaintiff to adjudicate his paternity of the child.
In her motion to dismiss Mother argued that Plaintiff lacked standing under the UUPA to bring his petition because the child was born within a marriage. The district court denied the motion to dismiss on the basis that to deny Plaintiff standing would violate his procedural due process right under the federal constitution. The Supreme Court affirmed, albeit on alternative grounds, holding that the UUPA grants standing to Plaintiff, and this standing is not altered when the child was conceived or born during a marriage with a presumed father.