The Appellate Group

Scott v. Benson

Scott v. Benson, 2023 UT 4 (Pearce, A.C.J.)


Benson, Child’s biological mother, and Scott, Benson’s boyfriend, both submitted
a voluntary declaration of paternity (VDP) to the state. Benson later cut off
contact between Scott and Child and asked the court to declare that Scott was not
Child’s father. The district court set aside the VDP on account of fraud but also
concluded that Scott should be adjudicated to be Child’s father. The Utah Court
of Appeals affirmed under a different rationale. The Utah Supreme Court
affirmed in part and reversed and remanded in part,

  • The court of appeals correctly concluded that the district court did not err when it looked to the factors in Utah Code section 78B-16-608 to disregard the genetic test results that would have excluded Scott as Child’s father. However, the Utah Supreme Court corrects the proper analysis.

Read the full court opinion