78B-15-102. Definitions.
As used in this chapter:
(1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
father of a child.
(2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
genetic father or a possible genetic father of a child, but whose paternity has not been
determined.
(3) "Assisted reproduction" means a method of causing pregnancy other than sexual
intercourse. The term includes:
(a) intrauterine insemination;
(b) donation of eggs;
(c) donation of embryos;
(d) in vitro fertilization and transfer of embryos; and
(e) intracytoplasmic sperm injection.
(4) "Birth expenses" means all medical costs associated with the birth of a child,
including the related expenses for the biological mother during her pregnancy and delivery.
(5) "Birth mother" means the biological mother of a child.
(6) "Child" means an individual of any age whose parentage may be determined under
this chapter.
(7) "Commence" means to file the initial pleading seeking an adjudication of parentage
in the appropriate tribunal of this state.
(8) "Declarant father" means a male who, along with the biological mother claims to be
the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
paternity.
(9) "Determination of parentage" means the establishment of the parent-child
relationship by the signing of a valid declaration of paternity under Part 3, Voluntary Declaration
of Paternity Act, or adjudication by a tribunal.
(10) "Donor" means an individual who produces eggs or sperm used for assisted
reproduction, whether or not for consideration. The term does not include:
(a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
reproduction by the wife;
(b) a woman who gives birth to a child by means of assisted reproduction, except as
otherwise provided in Part 8, Gestational Agreement; or
(c) a parent under Part 7, Child of Assisted Reproduction, or an intended parent under
Part 8, Gestational Agreement.
(11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
that an individual identifies as all or part of the individual's ancestry or that is so identified by
other information.
(12) "Financial support" means a base child support award as defined in Section
78B-12-102, all past-due support which accrues under an order for current periodic payments,
and sum certain judgments for past-due support.
(13) "Genetic testing" means an analysis of genetic markers to exclude or identify a man
as the father or a woman as the mother of a child. The term includes an analysis of one or a
combination of the following:
(a) deoxyribonucleic acid; or
(b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
serum proteins, or red-cell enzymes.
(14) "Gestational mother" means an adult woman who gives birth to a child under a
gestational agreement.
(15) "Man," as defined in this chapter, means a male individual of any age.
(16) "Medical support" means a provision in a support order that requires the purchase
and maintenance of appropriate insurance for health and dental expenses of dependent children,
and assigns responsibility for uninsured medical expenses.
(17) "Parent" means an individual who has established a parent-child relationship under
Section 78B-15-201.
(18) "Parent-child relationship" means the legal relationship between a child and a parent
of the child. The term includes the mother-child relationship and the father-child relationship.
(19) "Paternity index" means the likelihood of paternity calculated by computing the
ratio between:
(a) the likelihood that the tested man is the father, based on the genetic markers of the
tested man and child, conditioned on the hypothesis that the tested man is the father of the child;
and
(b) the likelihood that the tested man is not the father, based on the genetic markers of
the tested man and child, conditioned on the hypothesis that the tested man is not the father of the
child and that the father is of the same ethnic or racial group as the tested man.
(20) "Presumed father" means a man who, by operation of law under Section
78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as set
forth in this chapter.
(21) "Probability of paternity" means the measure, for the ethnic or racial group to which
the alleged father belongs, of the probability that the man in question is the father of the child,
compared with a random, unrelated man of the same ethnic or racial group, expressed as a
percentage incorporating the paternity index and a prior probability.
(22) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(23) "Signatory" means an individual who authenticates a record and is bound by its
terms.
(24) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, any territory, Native American Tribe, or insular possession subject
to the jurisdiction of the United States.
(25) "Support-enforcement agency" means a public official or agency authorized under
Title IV-D of the Social Security Act which has the authority to seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child support;
(c) determination of parentage; or
(d) location of child-support obligors and their income and assets.
(26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
authorized to establish, enforce, or modify support orders or to determine parentage.
Renumbered and Amended by Chapter 3, 2008 General Session
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