S.E.L. v. J.A.P.

Summary

The North Dakota Supreme Court affirmed dismissal of S.E.L.’s action seeking to adjudicate paternity and obtain genetic testing. The court held that, because the child had an acknowledged father, N.D.C.C. § 14-20-44(2) required a challenge to be commenced within two years of the acknowledgment’s effective date. The court concluded the action was untimely and that genetic testing was therefore not authorized or required.

Holdings

1. N.D.C.C. chapter 14-20 applies to an action seeking to challenge an acknowledged father's paternity and adjudicate another individual's paternity.
2. An individual who is not a signatory to an acknowledgment of paternity and seeks an adjudication of paternity for a child with an acknowledged father must commence the proceeding within two years after the acknowledgment's effective date; S.E.L.'s untimely action was barred.
3. The district court did not err in declining to proceed with genetic testing because the underlying paternity action was barred by § 14-20-44(2), and any testing order became moot upon dismissal.

Questions Presented

1. Whether North Dakota's Uniform Parentage Act applies to S.E.L.'s action challenging an acknowledgment of paternity.
2. Whether N.D.C.C. § 14-20-41 or § 14-20-42 permitted S.E.L. to bring the paternity action despite the two-year limitation in N.D.C.C. § 14-20-44(2).
3. Whether S.E.L.'s action was barred because it was filed more than two years after the effective date of the acknowledgment of paternity.
4. Whether the district court erred by failing to order or maintain genetic testing under N.D.C.C. §§ 14-20-26 or 14-20-43.

Disposition

affirmed