Adjudicating claim of functional parentage of a child

(a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (1) Is alive when the proceeding is commenced; and (2) Claims to be a functional parent of the child. (b) An individual who claims to be a functional parent of a child shall commence a proceeding to establish parentage of a child under this section: (1) Before the child attains eighteen years of age; and (2) While the child is alive. (c) The following rules shall govern standing of an individual who claims to be a functional parent of a child to maintain a proceeding under this section: (1) The individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading shall be served on all parents and legal guardians of the child and any other party to the proceeding; (2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (1). A responsive pleading shall be verified and must be served on parties to the proceeding; and (3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under paragraphs (1) and (2), whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of subsection (d). If the court holds a hearing under this subsection, the hearing shall be held on an expedited basis. (d) In a proceeding to adjudicate parentage of an individual who claims to be a functional parent of the child, if there is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a functional parent to be a parent of the child if the individual demonstrates by clear and convincing evidence that: (1) The individual resided with the child as a regular member of the child's household for a significant period; (2) The individual engaged in consistent caretaking of the child; (3) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation; (4) The individual held out the child as the individual's child; (5) The individual established a bonded and dependent relationship with the child that is parental in nature; (6) Another parent of the child fostered or supported the bonded and dependent relationship required under paragraph (5); and (7) Continuing the relationship between the individual and the child is in the best interest of the child. (e) Subject to other limitations in this part, if in a proceeding to adjudicate parentage of an individual who claims to be a functional parent of the child, there is more than one other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section 584A-607, unless a valid denial of parentage is filed in accordance with section 584A-608.