Second Substitute S.B. 45

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2004 at 10:58 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2004 at 10:59 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2004 at 11:00 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2004 at 11:02 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 23, 2004 at 2:21 PM by kholt. -->

Senator Lyle W. Hillyard proposes the following substitute bill:

1 UNIFORM PARENTAGE ACT
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5
6 LONG TITLE
7 General Description:
8 This bill enacts the Utah Uniform Parentage Act.
9 Highlighted Provisions:
10 This bill:
11 . sets out guidelines for determining and declaring paternity;
12 . provides mechanisms for registering paternity;
13 . sets specific guidelines for surrogacy and assisted reproduction arrangements;
14 . provides conditions under which genetic testing may be requested or required;
15 . provides direction for state offices concerning adjudication of parentage and the
16 filing and issuance of birth certificates;
17 . sets penalties for unauthorized release of information; and
18 . sets responsibilities for all parties when the parentage of a child is in question.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides an effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 26-2-2, as last amended by Chapter 176, Laws of Utah 2003

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- 2 - 26 26-2-5, as last amended by Chapter 176, Laws of Utah 2003
27 30-1-17.2, as last amended by Chapter 255, Laws of Utah 2001
28 75-2-114, as repealed and reenacted by Chapter 39, Laws of Utah 1998
29 78-30-4.13, as last amended by Chapter 171, Laws of Utah 2000
30 ENACTS:
31 78-45g-101, Utah Code Annotated 1953
32 78-45g-102, Utah Code Annotated 1953
33 78-45g-103, Utah Code Annotated 1953
34 78-45g-104, Utah Code Annotated 1953
35 78-45g-105, Utah Code Annotated 1953
36 78-45g-106, Utah Code Annotated 1953
37 78-45g-107, Utah Code Annotated 1953
38 78-45g-108, Utah Code Annotated 1953
39 78-45g-109, Utah Code Annotated 1953
40 78-45g-110, Utah Code Annotated 1953
41 78-45g-111, Utah Code Annotated 1953
42 78-45g-112, Utah Code Annotated 1953
43 78-45g-113, Utah Code Annotated 1953
44 78-45g-114, Utah Code Annotated 1953
45 78-45g-115, Utah Code Annotated 1953
46 78-45g-201, Utah Code Annotated 1953
47 78-45g-202, Utah Code Annotated 1953
48 78-45g-203, Utah Code Annotated 1953
49 78-45g-204, Utah Code Annotated 1953
50 78-45g-301, Utah Code Annotated 1953
51 78-45g-302, Utah Code Annotated 1953
52 78-45g-303, Utah Code Annotated 1953
53 78-45g-304, Utah Code Annotated 1953
54 78-45g-305, Utah Code Annotated 1953
55 78-45g-306, Utah Code Annotated 1953
56 78-45g-307, Utah Code Annotated 1953

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- 3 - 57 78-45g-308, Utah Code Annotated 1953
58 78-45g-309, Utah Code Annotated 1953
59 78-45g-310, Utah Code Annotated 1953
60 78-45g-311, Utah Code Annotated 1953
61 78-45g-312, Utah Code Annotated 1953
62 78-45g-313, Utah Code Annotated 1953
63 78-45g-401, Utah Code Annotated 1953
64 78-45g-402, Utah Code Annotated 1953
65 78-45g-403, Utah Code Annotated 1953
66 78-45g-404, Utah Code Annotated 1953
67 78-45g-405, Utah Code Annotated 1953
68 78-45g-406, Utah Code Annotated 1953
69 78-45g-407, Utah Code Annotated 1953
70 78-45g-408, Utah Code Annotated 1953
71 78-45g-409, Utah Code Annotated 1953
72 78-45g-410, Utah Code Annotated 1953
73 78-45g-501, Utah Code Annotated 1953
74 78-45g-502, Utah Code Annotated 1953
75 78-45g-503, Utah Code Annotated 1953
76 78-45g-504, Utah Code Annotated 1953
77 78-45g-505, Utah Code Annotated 1953
78 78-45g-506, Utah Code Annotated 1953
79 78-45g-507, Utah Code Annotated 1953
80 78-45g-508, Utah Code Annotated 1953
81 78-45g-509, Utah Code Annotated 1953
82 78-45g-510, Utah Code Annotated 1953
83 78-45g-511, Utah Code Annotated 1953
84 78-45g-601, Utah Code Annotated 1953
85 78-45g-602, Utah Code Annotated 1953
86 78-45g-603, Utah Code Annotated 1953
87 78-45g-604, Utah Code Annotated 1953

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- 4 - 88 78-45g-605, Utah Code Annotated 1953
89 78-45g-606, Utah Code Annotated 1953
90 78-45g-607, Utah Code Annotated 1953
91 78-45g-608, Utah Code Annotated 1953
92 78-45g-609, Utah Code Annotated 1953
93 78-45g-610, Utah Code Annotated 1953
94 78-45g-611, Utah Code Annotated 1953
95 78-45g-612, Utah Code Annotated 1953
96 78-45g-613, Utah Code Annotated 1953
97 78-45g-614, Utah Code Annotated 1953
98 78-45g-615, Utah Code Annotated 1953
99 78-45g-616, Utah Code Annotated 1953
100 78-45g-617, Utah Code Annotated 1953
101 78-45g-618, Utah Code Annotated 1953
102 78-45g-619, Utah Code Annotated 1953
103 78-45g-620, Utah Code Annotated 1953
104 78-45g-621, Utah Code Annotated 1953
105 78-45g-622, Utah Code Annotated 1953
106 78-45g-623, Utah Code Annotated 1953
107 78-45g-701, Utah Code Annotated 1953
108 78-45g-702, Utah Code Annotated 1953
109 78-45g-703, Utah Code Annotated 1953
110 78-45g-704, Utah Code Annotated 1953
111 78-45g-705, Utah Code Annotated 1953
112 78-45g-706, Utah Code Annotated 1953
113 78-45g-707, Utah Code Annotated 1953
114 78-45g-801, Utah Code Annotated 1953
115 78-45g-802, Utah Code Annotated 1953
116 78-45g-803, Utah Code Annotated 1953
117 78-45g-804, Utah Code Annotated 1953
118 78-45g-805, Utah Code Annotated 1953

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- 5 - 119 78-45g-806, Utah Code Annotated 1953
120 78-45g-807, Utah Code Annotated 1953
121 78-45g-808, Utah Code Annotated 1953
122 78-45g-809, Utah Code Annotated 1953
123 78-45g-901, Utah Code Annotated 1953
124 78-45g-902, Utah Code Annotated 1953
125 REPEALS:
126 76-7-204, as last amended by Chapters 116 and 241, Laws of Utah 1991
127 78-45a-1, as last amended by Chapter 245, Laws of Utah 1990
128 78-45a-2, as last amended by Chapter 232, Laws of Utah 1997
129 78-45a-3, as enacted by Chapter 158, Laws of Utah 1965
130 78-45a-4, as enacted by Chapter 158, Laws of Utah 1965
131 78-45a-5, as last amended by Chapter 274, Laws of Utah 1998
132 78-45a-6, as enacted by Chapter 158, Laws of Utah 1965
133 78-45a-6.5, as last amended by Chapter 232, Laws of Utah 1997
134 78-45a-7, as last amended by Chapter 176, Laws of Utah 2003
135 78-45a-10, as repealed and reenacted by Chapter 232, Laws of Utah 1997
136 78-45a-10.5, as last amended by Chapter 255, Laws of Utah 2001
137 78-45a-11, as enacted by Chapter 158, Laws of Utah 1965
138 78-45a-11.5, as enacted by Chapter 232, Laws of Utah 1997
139 78-45a-12, as enacted by Chapter 158, Laws of Utah 1965
140 78-45a-13, as enacted by Chapter 158, Laws of Utah 1965
141 78-45a-14, as enacted by Chapter 158, Laws of Utah 1965
142 78-45a-15, as enacted by Chapter 158, Laws of Utah 1965
143 78-45a-16, as enacted by Chapter 158, Laws of Utah 1965
144 78-45a-17, as enacted by Chapter 158, Laws of Utah 1965
145 78-45e-1, as enacted by Chapter 127, Laws of Utah 1994
146 78-45e-2, as last amended by Chapter 176, Laws of Utah 2003
147 78-45e-4, as last amended by Chapter 176, Laws of Utah 2003
148
149 Be it enacted by the Legislature of the state of Utah:

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- 6 - 150 Section 1. Section 26-2-2 is amended to read:
151 26-2-2. Definitions.
152 As used in this chapter:
153 (1) "Dead body" or "decedent" means a human body or parts of the human body from
154 the condition of which it reasonably may be concluded that death occurred.
155 (2) "Dead fetus" means a product of human conception:
156 (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
157 period began to the date of delivery; and
158 (b) that was not born alive.
159 (3) "Declarant father" means a male who, along with the biological mother, [declares
160 that he is the father of a child conceived as a result of sexual intercourse with the mother]
161 claims to be the genetic father of a child, and signs a voluntary declaration of paternity to
162 establish the child's paternity.
163 (4) "File" means the submission of a completed certificate or other similar document,
164 record, or report as provided under this chapter for registration by the state registrar or a local
165 registrar.
166 (5) "Funeral director" or "person acting as the funeral director" means the person who
167 takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and
168 arranges for its final disposition, and includes:
169 (a) a licensed funeral director;
170 (b) a representative of a hospital which is making final disposition; or
171 (c) another person assuming responsibility for the final disposition of the remains.
172 (6) "Health care facility" has the same definition as in Section 26-21-2 .
173 (7) "Live birth" means the birth of a child who shows evidence of life after it is entirely
174 outside of the mother.
175 (8) "Local registrar" means a person appointed under Subsection 26-2-3 (2)(b).
176 (9) "Physician" means a person licensed to practice as a physician or osteopath in this
177 state under Title 58, Chapter 67 or Chapter 68.
178 (10) "[Presumptive] Presumed father" means the father of a child conceived or born
179 during a marriage as defined in Section 30-1-17.2 .
180 (11) "Registration" or "register" means acceptance by the local or state registrar of a

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- 7 - 181 certificate and incorporation of it into the permanent records of the state.
182 (12) "State registrar" means the state registrar of vital records appointed under
183 Subsection 26-2-3 (1)(e).
184 (13) "Vital records" means registered certificates or reports of birth, death, fetal death,
185 marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
186 registered certificates or reports, and other similar documents.
187 (14) "Vital statistics" means the data derived from registered certificates and reports of
188 birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
189 marriage, or annulment.
190 Section 2. Section 26-2-5 is amended to read:
191 26-2-5. Birth certificates -- Execution and registration requirements.
192 (1) As used in this section, "birthing facility" means a general acute hospital or birthing
193 center as defined in Section 26-21-2 .
194 (2) For each live birth occurring in the state, a certificate shall be filed with the local
195 registrar for the district in which the birth occurred within ten days following the birth. The
196 certificate shall be registered if it is completed and filed in accordance with this chapter.
197 (3) (a) For each live birth that occurs in a birthing facility, the administrator of the
198 birthing facility, or his designee, shall obtain and enter the information required under this
199 chapter on the certificate, securing the required signatures, and filing the certificate.
200 (b) (i) The date, time, place of birth, and required medical information shall be certified
201 by the birthing facility administrator or his designee.
202 (ii) The attending physician or nurse midwife may sign the certificate, but if the
203 attending physician or nurse midwife has not signed the certificate within seven days of the
204 date of birth, the birthing facility administrator or his designee shall enter the attending
205 physician's or nurse midwife's name and transmit the certificate to the local registrar.
206 (iii) The information on the certificate about the parents shall be provided and certified
207 by the mother or father or, in their incapacity or absence, by a person with knowledge of the
208 facts.
209 (4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
210 completed and filed by the physician, nurse, midwife, or other person primarily responsible for
211 providing assistance to the mother at the birth. If there is no such person, either the

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- 8 - 212 [presumptive] presumed or declarant father shall complete and file the certificate. In his
213 absence, the mother shall complete and file the certificate, and in the event of her death or
214 disability, the owner or operator of the premises where the birth occurred shall do so.
215 (b) The certificate shall be completed as fully as possible and shall include the date,
216 time, and place of birth, the mother's name, and the signature of the person completing the
217 certificate.
218 (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
219 administrator or director of that facility, or his designee, shall:
220 (i) provide the birth mother and declarant father, if present, with:
221 (A) a voluntary declaration of paternity form published by the state registrar;
222 (B) oral and written notice to the birth mother and declarant father of the alternatives
223 to, the legal consequences of, and the rights and responsibilities that arise from signing the
224 declaration; and
225 (C) the opportunity to sign the declaration;
226 (ii) witness the signature of a birth mother or declarant father in accordance with
227 Section [ 78-45e-3 ] 78-45g-302 if the signature occurs at the [hospital] facility;
228 (iii) enter the declarant father's information on the original birth certificate, but only if
229 the mother and [biological] declarant father have signed a voluntary declaration of paternity or
230 a court or administrative agency has issued an adjudication of paternity; and
231 (iv) file the completed declaration with the original birth certificate.
232 (b) If there is a [presumptive] presumed father, the voluntary declaration will only be
233 valid if the [presumptive] presumed father also signs the voluntary declaration.
234 (c) The state registrar shall file the information provided on the voluntary declaration
235 of paternity form with the original birth certificate and may provide certified copies of the
236 declaration of paternity as otherwise provided under Title 78, [Chapter 45e, Voluntary
237 Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
238 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
239 a description of the process for filing a voluntary declaration of paternity, and of the rights and
240 responsibilities established or effected by that filing, in accordance with Title 78, [Chapter 45e,
241 Voluntary Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
242 (b) Information regarding the form and services related to voluntary paternity

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- 9 - 243 establishment shall be made available to birthing facilities and to any other entity or individual
244 upon request.
245 (7) The name of a declarant father may only be included on the birth certificate of a
246 child of unmarried parents if:
247 (a) the mother and declarant father have signed a voluntary declaration of paternity; or
248 (b) a court or administrative agency has issued an adjudication of paternity.
249 (8) Voluntary declarations of paternity, adjudications of paternity by judicial or
250 administrative agencies, and voluntary rescissions of paternity shall be filed with and
251 maintained by the state registrar for the purpose of comparing information with the state case
252 registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104 .
253 Section 3. Section 30-1-17.2 is amended to read:
254 30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
255 property, and children -- Presumption of paternity in marriage.
256 (1) If the parties have accumulated any property or acquired any obligations subsequent
257 to the marriage, if there is a genuine need arising from an economic change of circumstances
258 due to the marriage, or if there are children born or expected, the court may make temporary
259 and final orders, and subsequently modify the orders, relating to the parties, their property and
260 obligations, the children and their custody and parent-time, and the support and maintenance of
261 the parties and children, as may be equitable.
262 [(2) Except as provided in Section 78-45a-1 , children born to the parties after the date
263 of their marriage shall be deemed the legitimate children of both of the parties.]
264 (2) A man is presumed to be the father of a child if:
265 (a) he and the mother of the child are married to each other and the child is born during
266 the marriage;
267 (b) he and the mother of the child were married to each other and the child is born
268 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
269 or divorce, or after a decree of separation;
270 (c) before the birth of the child, he and the mother of the child married each other in
271 apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
272 and the child is born during the invalid marriage or within 300 days after its termination by
273 death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or

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- 10 - 274 (d) after the birth of the child, he and the mother of the child have married each other
275 in apparent compliance with law, whether or not the marriage is, or could be declared, invalid,
276 he voluntarily asserted his paternity of the child, and there is no other presumptive father of the
277 child, and:
278 (i) the assertion is in a record filed with the state registrar;
279 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
280 (iii) he promised in a record to support the child as his own.
281 (3) If the child was born at the time of entry of a divorce decree, other children are
282 named as children of the marriage, but that child is specifically not named, the husband is not
283 presumed to be the father of the child not named in the order.
284 (4) A presumption of paternity established under this section may only be rebutted in
285 accordance with Section 78-45g-607 .
286 (5) A final order or decree issued by a tribunal in which paternity is adjudicated, may
287 not be set aside unless the court finds that one of the parties perpetrated a fraud in the
288 establishment of the paternity and another party did not know or could not reasonably have
289 known of the fraud at the time of the entry of the order. The party who committed the fraud
290 may not bring the action.
291 Section 4. Section 75-2-114 is amended to read:
292 75-2-114. Parent and child relationship.
293 (1) Except as provided in Subsections (2) and (3), for purposes of intestate succession
294 by, through, or from a person, an individual is the child of the individual's natural parents,
295 regardless of their marital status. The parent and child relationship may be established as
296 provided in [Sections 78-45a-7 , 78-45a-10 , and Title 78, Chapter 45a, Uniform Act on
297 Paternity] Title 78, Chapter 45g, Utah Uniform Parentage Act.
298 (2) An adopted individual is the child of the adopting parent or parents and not of the
299 natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
300 (a) the relationship between the child and that natural parent; or
301 (b) the right of the child or a descendant of the child to inherit from or through the
302 other natural parent.
303 (3) Inheritance from or through a child by either natural parent or his kindred is
304 precluded unless that natural parent has openly treated the child as his, and has not refused to

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- 11 - 305 support the child.
306 Section 5. Section 78-30-4.13 is amended to read:
307 78-30-4.13. Notice of adoption proceedings.
308 (1) An unmarried biological father, by virtue of the fact that he has engaged in a sexual
309 relationship with a woman, is deemed to be on notice that a pregnancy and an adoption
310 proceeding regarding that child may occur, and has a duty to protect his own rights and
311 interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with
312 regard to that child only as provided in this section.
313 (2) Notice of an adoption proceeding shall be served on each of the following persons:
314 (a) any person or agency whose consent or relinquishment is required under Section
315 78-30-4.14 unless that right has been terminated by waiver, relinquishment, consent, or judicial
316 action;
317 (b) any person who has initiated a paternity proceeding and filed notice of that action
318 with the state registrar of vital statistics within the Department of Health, in accordance with
319 Subsection (3);
320 (c) any legally appointed custodian or guardian of the adoptee;
321 (d) the petitioner's spouse, if any, only if he has not joined in the petition;
322 (e) the adoptee's spouse, if any;
323 (f) any person who is recorded on the birth certificate as the child's father, with the
324 knowledge and consent of the mother;
325 (g) any person who is openly living in the same household with the child at the time
326 the consent is executed or relinquishment made, and who is holding himself out to be the
327 child's father; and
328 (h) any person who is married to the child's mother at the time she executes her consent
329 to the adoption or relinquishes the child for adoption.
330 (3) (a) In order to preserve any right to notice and consent, an unmarried biological
331 father may initiate proceedings to establish paternity under Title 78, Chapter [45a, Uniform Act
332 on Paternity] 45g, Utah Uniform Parentage Act, and file a notice of the initiation of those
333 proceedings with the state registrar of vital statistics within the Department of Health prior to
334 the mother's execution of consent or her relinquishment to an agency. That action and notice
335 may also be filed prior to the child's birth.

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- 12 - 336 (b) If the unmarried biological father does not know the county in which the birth
337 mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
338 Section 78-13-7 .
339 (c) The Department of Health shall provide forms for the purpose of filing the notice
340 described in Subsection (3)(a), and make those forms available in the office of the county
341 health department in each county.
342 (4) Notice provided in accordance with this section need not disclose the name of the
343 mother of the child who is the subject of an adoption proceeding.
344 (5) The notice required by this section may be served immediately after relinquishment
345 or execution of consent, but shall be served at least 30 days prior to the final dispositional
346 hearing. The notice shall specifically state that the person served must respond to the petition
347 within 30 days of service if he intends to intervene in or contest the adoption.
348 (6) (a) Any person who has been served with notice of an adoption proceeding and who
349 wishes to contest the adoption shall file a motion in the adoption proceeding within 30 days
350 after service. The motion shall set forth specific relief sought and be accompanied by a
351 memorandum specifying the factual and legal grounds upon which the motion is based.
352 (b) Any person who fails to file a motion for relief within 30 days after service of
353 notice waives any right to further notice in connection with the adoption, forfeits all rights in
354 relation to the adoptee, and is barred from thereafter bringing or maintaining any action to
355 assert any interest in the adoptee.
356 (7) Service of notice under this section shall be made as follows:
357 (a) With regard to a person whose consent is necessary under Section 78-30-4.14 ,
358 service shall be in accordance with the provisions of the Utah Rules of Civil Procedure. If
359 service is by publication, the court shall designate the content of the notice regarding the
360 identity of the parties. The notice may not include the name of the person or persons seeking to
361 adopt the adoptee.
362 (b) As to any other person for whom notice is required under this section, service by
363 certified mail, return receipt requested, is sufficient. If that service cannot be completed after
364 two attempts, the court may issue an order providing for service by publication, posting, or by
365 any other manner of service.
366 (c) Notice to a person who has initiated a paternity proceeding and filed notice of that

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- 13 - 367 action with the state registrar of vital statistics in the Department of Health in accordance with
368 the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
369 the last address filed with the registrar.
370 (8) The notice required by this section may be waived in writing by the person entitled
371 to receive notice.
372 (9) Proof of service of notice on all persons for whom notice is required by this section
373 shall be filed with the court before the final dispositional hearing on the adoption.
374 (10) Notwithstanding any other provision of law, neither the notice of an adoption
375 proceeding nor any process in that proceeding is required to contain the name of the person or
376 persons seeking to adopt the adoptee.
377 (11) Except as to those persons whose consent to an adoption is required under Section
378 78-30-4.14 , the sole purpose of notice under this section is to enable the person served to
379 intervene in the adoption and present evidence to the court relevant to the best interest of the
380 child.
381 Section 6. Section 78-45g-101 is enacted to read:
382 CHAPTER 45g. UTAH UNIFORM PARENTAGE ACT
383 Part 1. General Provisions
384 78-45g-101. Title.
385 This chapter is known as the "Utah Uniform Parentage Act."
386 Section 7. Section 78-45g-102 is enacted to read:
387 78-45g-102. Definitions.
388 As used in this chapter:
389 (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
390 father of a child.
391 (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
392 genetic father or a possible genetic father of a child, but whose paternity has not been
393 determined.
394 (3) "Assisted reproduction" means a method of causing pregnancy other than sexual
395 intercourse. The term includes:
396 (a) intrauterine insemination;
397 (b) donation of eggs;

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- 14 - 398 (c) donation of embryos;
399 (d) in vitro fertilization and transfer of embryos; and
400 (e) intracytoplasmic sperm injection.
401 (4) "Birth expenses" means all medical costs associated with the birth of a child,
402 including the related expenses for the biological mother during her pregnancy and delivery.
403 (5) "Birth mother" means the biological mother of a child.
404 (6) "Child" means an individual of any age whose parentage may be determined under
405 this chapter.
406 (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
407 in the appropriate tribunal of this state.
408 (8) "Declarant father" means a male who, along with the biological mother claims to be
409 the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
410 paternity.
411 (9) "Determination of parentage" means the establishment of the parent-child
412 relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
413 Declaration of Paternity, or adjudication by a tribunal.
414 (10) "Donor" means an individual who produces eggs or sperm used for assisted
415 reproduction, whether or not for consideration. The term does not include:
416 (a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
417 reproduction by the wife;
418 (b) a woman who gives birth to a child by means of assisted reproduction, except as
419 otherwise provided in Part 8, Gestational Agreement; or
420 (c) a parent under Part 7, Child of Assisted Reproduction, or an intended parent under
421 Part 8, Gestational Agreement.
422 (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
423 that an individual identifies as all or part of the individual's ancestry or that is so identified by
424 other information.
425 (12) "Financial support" means a base child support award as defined in Section
426 78-45-2 , all past-due support which accrues under an order for current periodic payments, and
427 sum certain judgments for past-due support.
428 (13) "Genetic testing" means an analysis of genetic markers to exclude or identify a

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House Committee Amendments 2-23-2004 kh/ecm 429

man as the father or a woman as the mother of a child. The term includes an analysis of one or
430 a combination of the following:
431 (a) deoxyribonucleic acid; or
432 (b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
433 serum proteins, or red-cell enzymes.
434 (14) "Gestational mother" means an adult woman who gives birth to a child under a
435 gestational agreement.
436 (15) "Man" H , AS DEFINED IN THIS CHAPTER, h means a male individual of any age.
437 (16) "Medical support" means a provision in a support order that requires the purchase
438 and maintenance of appropriate insurance for health and dental expenses of dependent children,
439 and assigns responsibility for uninsured medical expenses.
440 (17) "Parent" means an individual who has established a parent-child relationship
441 under Section 78-45g-201 .
442 (18) "Parent-child relationship" means the legal relationship between a child and a
443 parent of the child. The term includes the mother-child relationship and the father-child
444 relationship.
445 (19) "Paternity index" means the likelihood of paternity calculated by computing the
446 ratio between:
447 (a) the likelihood that the tested man is the father, based on the genetic markers of the
448 tested man and child, conditioned on the hypothesis that the tested man is the father of the
449 child; and
450 (b) the likelihood that the tested man is not the father, based on the genetic markers of
451 the tested man and child, conditioned on the hypothesis that the tested man is not the father of
452 the child and that the father is of the same ethnic or racial group as the tested man.
453 (20) "Presumed father" means a man who, by operation of law under Section
454 78-45g-204 , is recognized as the father of a child until that status is rebutted or confirmed as
455 set forth in this chapter.
456 (21) "Probability of paternity" means the measure, for the ethnic or racial group to
457 which the alleged father belongs, of the probability that the man in question is the father of the
458 child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
459 a percentage incorporating the paternity index and a prior probability.

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- 16 - 460 (22) "Record" means information that is inscribed on a tangible medium or that is
461 stored in an electronic or other medium and is retrievable in perceivable form.
462 (23) "Signatory" means an individual who authenticates a record and is bound by its
463 terms.
464 (24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
465 the United States Virgin Islands, any territory, Native American Tribe, or insular possession
466 subject to the jurisdiction of the United States.
467 (25) "Support-enforcement agency" means a public official or agency authorized under
468 Title IV-D of the Social Security Act which has the authority to seek:
469 (a) enforcement of support orders or laws relating to the duty of support;
470 (b) establishment or modification of child support;
471 (c) determination of parentage; or
472 (d) location of child-support obligors and their income and assets.
473 (26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
474 authorized to establish, enforce, or modify support orders or to determine parentage.
475 Section 8. Section 78-45g-103 is enacted to read:
476 78-45g-103. Scope -- Choice of law.
477 (1) This chapter applies to determinations of parentage in this state.
478 (2) The tribunal shall apply the law of this state to adjudicate the parent-child
479 relationship. The applicable law may not depend upon:
480 (a) the place of birth of the child; or
481 (b) the past or present residence of the child.
482 (3) This chapter may not create, enlarge, or diminish parental rights or duties under
483 other laws of this state.
484 (4) This chapter does not authorize or prohibit an agreement between a woman and a
485 man and another woman in which the woman relinquishes all rights as a parent of a child
486 conceived by means of assisted reproduction, and which provides that the man and other
487 woman become the parents of the child. If a birth results under such an agreement and the
488 agreement is unenforceable under the law of this state, the parent-child relationship is
489 determined as provided in Part 2, Parent-child Relationship.
490 Section 9. Section 78-45g-104 is enacted to read:

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- 17 - 491 78-45g-104. Adjudication -- Jurisdiction.
492 (1) The district court, the juvenile court, and the Office of Recovery Services in
493 accordance with Section 62A-11-304.2 and Title 63, Chapter 46b, Administrative Procedures
494 Act, are authorized to adjudicate parentage under Parts 1 through 6, and Part 9 of this chapter.
495 (2) The district court and the juvenile court have jurisdiction over proceedings under
496 Parts 7 and 8.
497 Section 10. Section 78-45g-105 is enacted to read:
498 78-45g-105. Protection of participants.
499 Proceedings under this chapter are subject to other laws of this state governing the
500 health, safety, privacy, and liberty of a child or other individual who could be jeopardized by
501 disclosure of identifying information, including address, telephone number, place of
502 employment, Social Security number, the child's day-care facility, or school.
503 Section 11. Section 78-45g-106 is enacted to read:
504 78-45g-106. Determination of maternity.
505 Provisions of this chapter relating to determination of paternity also apply to
506 determinations of maternity.
507 Section 12. Section 78-45g-107 is enacted to read:
508 78-45g-107. Effect.
509 An adjudication or declaration of paternity shall be filed with the state registrar in
510 accordance with Section 26-2-5 .
511 Section 13. Section 78-45g-108 is enacted to read:
512 78-45g-108. Obligation to provide address.
513 A party to an action under this chapter has a continuing obligation to keep the tribunal
514 informed of the party's current address.
515 Section 14. Section 78-45g-109 is enacted to read:
516 78-45g-109. Limitation on recovery from the father.
517 The father's liabilities for past support are limited to the period of four years preceding
518 the commencement of an action.
519 Section 15. Section 78-45g-110 is enacted to read:
520 78-45g-110. Duty of attorney general and county attorney.
521 Whenever the state commences an action under this chapter, it shall be the duty of the

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- 18 - 522 attorney general or the county attorney of the county where the obligee resides to represent the
523 state. Neither the attorney general nor the county attorney represents or has an attorney-client
524 relationship with the obligee or the obligor in carrying out his responsibilities under this
525 chapter.
526 Section 16. Section 78-45g-111 is enacted to read:
527 78-45g-111. Default judgment.
528 Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions
529 commenced under this chapter.
530 Section 17. Section 78-45g-112 is enacted to read:
531 78-45g-112. Standard of proof.
532 The standard of proof in a trial to determine paternity is "by clear and convincing
533 evidence."
534 Section 18. Section 78-45g-113 is enacted to read:
535 78-45g-113. Parent-time rights of father.
536 (1) If the tribunal determines that the alleged father is the father, it may upon its own
537 motion or upon motion of the father, order parent-time rights in accordance with Sections
538 30-3-32 through 30-3-37 as it considers appropriate under the circumstances.
539 (2) Parent-time rights may not be granted to a father if the child has been subsequently
540 adopted.
541 Section 19. Section 78-45g-114 is enacted to read:
542 78-45g-114. Social Security number in tribunal records.
543 The Social Security number of any individual who is subject to a paternity
544 determination shall be placed in the records relating to the matter.
545 Section 20. Section 78-45g-115 is enacted to read:
546 78-45g-115. Settlement agreements.
547 An agreement of settlement with the alleged father is binding only when approved by
548 the tribunal.
549 Section 21. Section 78-45g-201 is enacted to read:
550 Part 2. Parent-child Relationship
551 78-45g-201. Establishment of parent-child relationship.
552 (1) The mother-child relationship is established between a woman and a child by:

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- 19 - 553 (a) the woman's having given birth to the child, except as otherwise provided in Part 8,
554 Gestational Agreement;
555 (b) an adjudication of the woman's maternity;
556 (c) adoption of the child by the woman; or
557 (d) an adjudication confirming the woman as a parent of a child born to a gestational
558 mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
559 under other law.
560 (2) The father-child relationship is established between a man and a child by:
561 (a) an unrebutted presumption of the man's paternity of the child under Section
562 78-45g-204 ;
563 (b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration
564 of Paternity, unless the declaration has been rescinded or successfully challenged;
565 (c) an adjudication of the man's paternity;
566 (d) adoption of the child by the man;
567 (e) the man having consented to assisted reproduction by a woman under Part 7, Child
568 of Assisted Reproduction, which resulted in the birth of the child; or
569 (f) an adjudication confirming the man as a parent of a child born to a gestational
570 mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
571 under other law.
572 Section 22. Section 78-45g-202 is enacted to read:
573 78-45g-202. No discrimination based on marital status.
574 A child born to parents who are not married to each other whose paternity has been
575 determined under this chapter has the same rights under the law as a child born to parents who
576 are married to each other.
577 Section 23. Section 78-45g-203 is enacted to read:
578 78-45g-203. Consequences of establishment of parentage.
579 Unless parental rights are terminated, a parent-child relationship established under this
580 chapter applies for all purposes, except as otherwise specifically provided by other law of this
581 state.
582 Section 24. Section 78-45g-204 is enacted to read:
583 78-45g-204. Presumption of paternity.

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- 20 - 584 (1) A man is presumed to be the father of a child if:
585 (a) he and the mother of the child are married to each other and the child is born during
586 the marriage;
587 (b) he and the mother of the child were married to each other and the child is born
588 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
589 or divorce, or after a decree of separation;
590 (c) before the birth of the child, he and the mother of the child married each other in
591 apparent compliance with law, even if the attempted marriage is or could be declared invalid,
592 and the child is born during the invalid marriage or within 300 days after its termination by
593 death, annulment, declaration of invalidity, or divorce or after a decree of separation; or
594 (d) after the birth of the child, he and the mother of the child married each other in
595 apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he
596 voluntarily asserted his paternity of the child, and there is no other presumptive father of the
597 child, and:
598 (i) the assertion is in a record filed with the Office of Vital Records;
599 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
600 (iii) he promised in a record to support the child as his own.
601 (2) A presumption of paternity established under this section may only be rebutted in
602 accordance with Section 78-45g-607 .
603 (3) If a child has an adjudicated father, the results of genetic testing are inadmissable to
604 challenge paternity except as set forth in Section 78-45g-607 .
605 Section 25. Section 78-45g-301 is enacted to read:
606 Part 3. Voluntary Declaration of Paternity
607 78-45g-301. Declaration of paternity.
608 The mother of a child and a man claiming to be the genetic father of the child may sign
609 a declaration of paternity to establish the paternity of the child.
610 Section 26. Section 78-45g-302 is enacted to read:
611 78-45g-302. Execution of declaration of paternity.
612 (1) A declaration of paternity must:
613 (a) be in a record;
614 (b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and

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- 21 - 615 by the declarant father;
616 (c) be signed by the birth mother and declarant father in the presence of two witnesses
617 who are not related by blood or marriage; and
618 (d) state that the child whose paternity is being declared:
619 (i) does not have a presumed father, or has a presumed father whose full name is
620 stated; and
621 (ii) does not have another declarant or adjudicated father;
622 (e) state whether there has been genetic testing and, if so, that the declarant man's claim
623 of paternity is consistent with the results of the testing; and
624 (f) state that the signatories understand that the declaration is the equivalent of a legal
625 finding of paternity of the child and that a challenge to the declaration is permitted only under
626 the limited circumstances described in Section 78-45g-307 .
627 (2) If either the birth mother or the declarant father is a minor, the voluntary
628 declaration must also be signed by that minor's parent or legal guardian.
629 (3) A declaration of paternity is void if it:
630 (a) states that another man is a presumed father, unless a denial of paternity signed or
631 otherwise authenticated by the presumed father is filed with the Office of Vital Records in
632 accordance with Section 78-45g-303 ;
633 (b) states that another man is a declarant or adjudicated father; or
634 (c) falsely denies the existence of a presumed, declarant, or adjudicated father of the
635 child.
636 (4) A presumed father may sign or otherwise authenticate an acknowledgment of
637 paternity.
638 (5) The declaration of paternity shall be in a form prescribed by the Office of Vital
639 Records and shall be accompanied with a written and verbal notice of the alternatives to, the
640 legal consequences of, and the rights and responsibilities that arise from signing the
641 declaration.
642 (6) The Social Security number of any person who is subject to declaration of paternity
643 shall be placed in the records relating to the matter.
644 (7) The declaration of paternity shall become an amendment to the original birth
645 certificate. The original certificate and the declaration shall be marked as to be distinguishable.

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- 22 - 646 The declaration may be included as part of subsequently issued certified copies of the birth
647 certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
648 information and the date of the amendment only.
649 (8) A declaration of paternity may be completed and signed any time after the birth of
650 the child. A declaration of paternity may not be signed or filed after consent to or
651 relinquishment for adoption has been signed.
652 (9) A declaration of paternity shall be considered effective when filed and entered into
653 a database established and maintained by the Office of Vital Records.
654 Section 27. Section 78-45g-303 is enacted to read:
655 78-45g-303. Denial of paternity.
656 A presumed or declarant father may sign a denial of his paternity. The denial is valid
657 only if:
658 (1) a declaration of paternity signed, or otherwise authenticated, by another man is filed
659 pursuant to Section 78-45g-305 ;
660 (2) the denial is in a form prescribed by and filed with the Office of Vital Records, and
661 is signed, or otherwise authenticated, under penalty of perjury; and
662 (3) the presumed or declarant father has not previously:
663 (a) declared his paternity, unless the previous declaration has been rescinded pursuant
664 to Section 78-45g-306 or successfully challenged pursuant to Section 78-45g-307 ; or
665 (b) been adjudicated to be the father of the child.
666 Section 28. Section 78-45g-304 is enacted to read:
667 78-45g-304. Rules for declaration and denial of paternity.
668 (1) A declaration of paternity and a denial of paternity shall be contained in a single
669 document. If the declaration and denial are both necessary, neither is valid until both are
670 signed and filed.
671 (2) A declaration of paternity or a denial of paternity may not be signed before the birth
672 of the child.
673 (3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes
674 effect on the birth of the child or the filing of the document with the Office of Vital Records,
675 whichever occurs later.
676 (4) A declaration of paternity or denial of paternity signed by a minor and by the

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- 23 - 677 minor's parent or legal guardian is valid if it is otherwise in compliance with this chapter.
678 Section 29. Section 78-45g-305 is enacted to read:
679 78-45g-305. Effect of declaration or denial of paternity.
680 (1) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid
681 declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of
682 paternity of a child and confers upon the declarant father all of the rights and duties of a parent.
683 (2) When a declaration of paternity is filed, it shall be recognized as a basis for a child
684 support order without any further requirement or proceeding regarding the establishment of
685 paternity.
686 (a) The liabilities of the father include, but are not limited to, the reasonable expense of
687 the mother's pregnancy and confinement and for the education, necessary support, and any
688 funeral expenses for the child.
689 (b) When a father declares paternity, his liability for past amounts due is limited to the
690 period of four years immediately preceding the date that the voluntary declaration of paternity
691 was filed.
692 (3) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid
693 denial of paternity by a presumed or declarant father filed with the Office of Vital Records in
694 conjunction with a valid declaration of paternity is equivalent to a legal finding of the
695 nonpaternity of the presumed or declarant father and discharges the presumed or declarant
696 father from all rights and duties of a parent. If a valid denial of paternity is filed with the
697 Office of Vital Records, the declarant or presumed father may not recover child support he paid
698 prior to the time of filing.
699 Section 30. Section 78-45g-306 is enacted to read:
700 78-45g-306. Proceeding for rescission.
701 A signatory may rescind a declaration of paternity or denial of paternity by filing a
702 voluntary rescission document with the Office of Vital Records in a form prescribed by the
703 office before the earlier of:
704 (1) 60 days after the effective date of the declaration or denial, as provided in Sections
705 78-45g-303 and 78-45g-304 ; or
706 (2) the date of notice of the first adjudicative proceeding to which the signatory is a
707 party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that

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- 24 - 708 establishes support.
709 Section 31. Section 78-45g-307 is enacted to read:
710 78-45g-307. Challenge after expiration of period for rescission.
711 (1) After the period for rescission under Section 78-45g-306 has expired, a signatory of
712 a declaration of paternity or denial of paternity, or a support-enforcement agency, may
713 commence a proceeding to challenge the declaration or denial only on the basis of fraud,
714 duress, or material mistake of fact.
715 (2) A party challenging a declaration of paternity or denial of paternity has the burden
716 of proof.
717 (3) A challenge brought on the basis of fraud or duress may be commenced at any time.
718 (4) A challenge brought on the basis of a material mistake of fact may be commenced
719 within four years after the declaration is filed with the Office of Vital Records. For the
720 purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital
721 Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
722 (5) For purposes of Subsection (4), genetic test results that exclude a declarant father or
723 that rebuttably identify another man as the father in accordance with Section 78-45g-505
724 constitute a material mistake of fact.
725 Section 32. Section 78-45g-308 is enacted to read:
726 78-45g-308. Procedure for rescission or challenge.
727 (1) Every signatory to a declaration of paternity and any related denial of paternity
728 must be made a party to a proceeding to rescind or challenge the declaration or denial.
729 (2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial
730 of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration
731 or denial, effective upon the filing of the document with the Office of Vital Records.
732 (3) Except for good cause shown, during the pendency of a proceeding to rescind or
733 challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the
734 legal responsibilities of a signatory arising from the declaration, including the duty to pay child
735 support.
736 (4) A proceeding to rescind or to challenge a declaration of paternity or denial of
737 paternity must be conducted in the same manner as a proceeding to adjudicate parentage under
738 Part 6, Adjudication of Parentage.

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- 25 - 739 (5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity
740 or denial of paternity, the tribunal shall order the Office of Vital Records to amend the birth
741 record of the child, if appropriate.
742 (6) If the declaration is rescinded, the declarant father may not recover child support he
743 paid prior to the entry of an order of rescission.
744 Section 33. Section 78-45g-309 is enacted to read:
745 78-45g-309. Ratification barred.
746 A tribunal or administrative agency conducting a judicial or administrative proceeding
747 may not ratify an unchallenged declaration of paternity.
748 Section 34. Section 78-45g-310 is enacted to read:
749 78-45g-310. Full faith and credit.
750 A tribunal of this state shall give full faith and credit to a declaration of paternity or
751 denial of paternity effective in another state if the declaration or denial has been signed and is
752 otherwise in compliance with the law of the other state.
753 Section 35. Section 78-45g-311 is enacted to read:
754 78-45g-311. Forms for declaration and denial of paternity and for rescission of
755 Paternity.
756 (1) To facilitate compliance with this part, the Office of Vital Records shall prescribe
757 forms for the declaration, denial, and rescission of paternity.
758 (2) A valid declaration of paternity or denial of paternity is not affected by a later
759 modification of the prescribed form.
760 Section 36. Section 78-45g-312 is enacted to read:
761 78-45g-312. Release of information.
762 The Office of Vital Records may release information relating to the declaration of
763 paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and
764 federal, tribal, and state support-enforcement agencies of this or another state.
765 Section 37. Section 78-45g-313 is enacted to read:
766 78-45g-313. Adoption of rules.
767 The Office of Vital Records may adopt rules in accordance with Title 63, Chapter 46a,
768 Utah Administrative Rulemaking Act, to implement this part.
769 Section 38. Section 78-45g-401 is enacted to read:

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- 26 - 770 Part 4. Registry of Paternity
771 78-45g-401. Maintenance of records.
772 (1) The Office of Vital Records shall register the following records which are filed
773 with the office:
774 (a) all declarations of paternity;
775 (b) all judicial and administrative determinations of paternity; and
776 (c) all notices of proceedings to establish paternity which are filed pursuant to Sections
777 78-30-4.13 and 78-30-4.14 .
778 (2) A notice of initiation of paternity proceedings may not be accepted into the registry
779 unless accompanied by a copy of the pleading which has been filed with the court to establish
780 paternity.
781 (3) A notice of initiation of paternity proceedings may not be filed if another man is the
782 adjudicated or declarant father.
783 Section 39. Section 78-45g-402 is enacted to read:
784 78-45g-402. Effect of registration.
785 (1) An unmarried biological father who desires to be notified of a proceeding for
786 adoption of a child must file a notice of the initiation of paternity proceedings as required by
787 Sections 78-30-4.13 and 78-30-4.14 .
788 (2) A registrant shall promptly notify the registry in a record of any change in the
789 information registered. The Office of Vital Records shall incorporate all new information
790 received into its records but need not affirmatively seek to obtain current information for
791 incorporation in the registry.
792 Section 40. Section 78-45g-403 is enacted to read:
793 78-45g-403. Notice of proceeding.
794 Notice of an adoption proceeding shall be given to unmarried biological fathers
795 pursuant to Section 78-30-4.13 .
796 Section 41. Section 78-45g-404 is enacted to read:
797 78-45g-404. Required form.
798 (1) The Office of Vital Records shall prepare a form to be filed with the agency. The
799 form shall require the signature of the registrant and state that the form is signed under penalty
800 of perjury.

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- 27 - 801 (2) The form shall also state that:
802 (a) a timely filing of notice of the initiation of paternity proceedings which is filed
803 pursuant to Subsection 78-45g-402 (1) entitles the registrant to notice of a proceeding for
804 adoption of the child;
805 (b) a timely filing does not commence a proceeding to establish paternity;
806 (c) the information disclosed on the form may be used against the registrant to establish
807 paternity;
808 (d) services to assist in establishing paternity of a child who is not placed for adoption
809 are available to the registrant through the Office of Recovery Services;
810 (e) the registrant should also file in another state if conception or birth of the child
811 occurred in the other state;
812 (f) information on registries of other states is available from the Office of Vital
813 Records; and
814 (g) procedures exist to remove the filing of a proceeding to establish paternity if the
815 proceeding is dismissed, or if a finding of paternity is rescinded or set aside under this chapter.
816 Section 42. Section 78-45g-405 is enacted to read:
817 78-45g-405. Furnishing of information -- Confidentiality.
818 (1) The Office of Vital Records shall send a copy of the filing to a person or entity set
819 forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the
820 most recent address provided by the requestor.
821 (2) Information contained in records which are filed pursuant to Section 78-45g-401 is
822 confidential and may be released on request only to:
823 (a) a tribunal or a person designated by the tribunal;
824 (b) the mother of the child who is the subject of the filing;
825 (c) an agency authorized by other law to receive the information;
826 (d) a licensed child-placing agency;
827 (e) the Office of Recovery Services, the Office of the Attorney General, or a
828 support-enforcement agency of another state or tribe;
829 (f) a party or the party's attorney of record in a proceeding under this chapter or in a
830 proceeding for adoption of, or for termination of parental rights regarding, a child who is the
831 subject of the filing; and

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(g) the registry of paternity in another state.
833 Section 43. Section 78-45g-406 is enacted to read:
834 78-45g-406. Penalty for releasing information.
835 A person who, with malicious intent, releases confidential information from the Office
836 of Vital Records which is filed pursuant to Section 78-45g-401 to a person or agency not
837 authorized to receive the information under Section 78-45g-405 is guilty of a class B
838 misdemeanor.
839 Section 44. Section 78-45g-407 is enacted to read:
840 78-45g-407. Removal of registration.
841 The Office of Vital Records may remove a registration in accordance with rules
842 adopted by the office in accordance with Title 63, Chapter 46a, Utah Administrative
843 Rulemaking Act.
844 Section 45. Section 78-45g-408 is enacted to read:
845 78-45g-408. Fees for registry.
846 (1) A fee may not be charged to remove a registration.
847 (2) Except as otherwise provided in Subsection (3), the Office of Vital Records may
848 charge a reasonable fee for registering records pursuant to Section S [ 78-54g-406 ] 78-45g-401 s
848a making a search
849 of the registry, and for furnishing a certificate.
850 (3) The Office of Recovery Services, the Office of the Attorney General, and
851 support-enforcement agencies of other states or tribes may not be required to pay the fee
852 authorized by Subsection (2).
853 Section 46. Section 78-45g-409 is enacted to read:
854 78-45g-409. Search of records -- Certificate.
855 (1) Upon the request of an individual, tribunal, or agency identified in Section
856 78-45g-405 , the Office of Vital Records shall search its records for any registration made
857 pursuant to Section 78-45g-401 and furnish to the requestor a certificate of search which shall
858 be signed on behalf of the office and state that:
859 (a) a search has been made of the records of the Office of Vital Records; and
860 (b) a registration containing the information required to identify the registrant:
861 (i) has been found and is attached to the certificate of search; or
862 (ii) has not been found.

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- 29 - 863 (2) A petitioner shall file the certificate of search with the tribunal in connection with a
864 proceeding for adoption.
865 Section 47. Section 78-45g-410 is enacted to read:
866 78-45g-410. Admissibility of information.
867 A certificate of search of the registry of paternity in this or another state is admissible in
868 a proceeding for adoption of a child and, if relevant, in other legal proceedings.
869 Section 48. Section 78-45g-501 is enacted to read:
870 Part 5. Genetic Testing
871 78-45g-501. Scope of part.
872 This part governs genetic testing of an individual to determine parentage, whether the
873 individual:
874 (1) voluntarily submits to testing; or
875 (2) is tested pursuant to an order of a tribunal or a support-enforcement agency.
876 Section 49. Section 78-45g-502 is enacted to read:
877 78-45g-502. Order for testing.
878 (1) Upon the motion of any party to the action, except as otherwise provided in this
879 part and Part 6, Adjudication of Parentage, the tribunal shall order the child and other
880 designated individuals to submit to genetic testing if the request for testing is supported by the
881 sworn statement of a party to the proceeding:
882 (a) alleging paternity and stating facts establishing a reasonable probability of the
883 requisite sexual contact between the individuals; or
884 (b) denying paternity and stating facts establishing a possibility that sexual contact
885 between the individuals, if any, did not result in the conception of the child.
886 (2) If a request for genetic testing of a child is made before birth, the tribunal may not
887 order in-utero testing.
888 (3) If two or more men are subject to an order for genetic testing, the testing may be
889 ordered concurrently or sequentially.
890 Section 50. Section 78-45g-503 is enacted to read:
891 78-45g-503. Requirements for genetic testing.
892 (1) Genetic testing must be of a type reasonably relied upon by experts in the field of
893 genetic testing and performed in a testing laboratory accredited by:

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- 30 - 894 (a) the American Association of Blood Banks, or a successor to its functions;
895 (b) the American Society for Histocompatibility and Immunogenetics, or a successor to
896 its functions; or
897 (c) an accrediting body designated by the federal Secretary of Health and Human
898 Services.
899 (2) A specimen used in genetic testing may consist of one or more samples, or a
900 combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The
901 specimen used in the testing need not be of the same kind for each individual undergoing
902 genetic testing.
903 Section 51. Section 78-45g-504 is enacted to read:
904 78-45g-504. Report of genetic testing.
905 (1) A report of genetic testing must be in a record and signed under penalty of perjury
906 by a designee of the testing laboratory. A report made under the requirements of this part is
907 self-authenticating.
908 (2) Documentation from the testing laboratory of the following information is
909 sufficient to establish a reliable chain of custody that allows the results of genetic testing to be
910 admissible without testimony:
911 (a) the names and photographs of the individuals whose specimens have been taken;
912 (b) the names of the individuals who collected the specimens;
913 (c) the places and dates the specimens were collected;
914 (d) the names of the individuals who received the specimens in the testing laboratory;
915 (e) the dates the specimens were received; and
916 (f) the finger prints of the individuals whose specimens have been taken.
917 Section 52. Section 78-45g-505 is enacted to read:
918 78-45g-505. Genetic testing results -- Rebuttal.
919 (1) Under this chapter, a man is presumed to be identified as the father of a child if the
920 genetic testing complies with this part and the results disclose that:
921 (a) the man has at least a 99% probability of paternity, using a prior probability of 0.50,
922 as calculated by using the combined paternity index obtained in the testing; and
923 (b) a combined paternity index of at least 100 to 1.
924 (2) A man identified under Subsection (1) as the father of the child may rebut the

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- 31 - 925 genetic testing results only by other genetic testing satisfying the requirements of this part
926 which:
927 (a) excludes the man as a genetic father of the child; or
928 (b) identifies another man as the possible father of the child.
929 (3) If an issue is raised as to whether the appropriate ethnic or racial group database
930 was used by the testing laboratory, the testing laboratory will be asked to rerun the test using
931 the correct ethnic or racial group database. If the testing laboratory does not have an adequate
932 database, another testing laboratory may be engaged to perform the calculations.
933 (4) If a presumption of paternity is not rebutted by a second test, the tribunal shall issue
934 an order establishing paternity.
935 Section 53. Section 78-45g-506 is enacted to read:
936 78-45g-506. Costs of genetic testing.
937 (1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of
938 initial genetic testing shall be advanced:
939 (a) by a support-enforcement agency in a proceeding in which the support-enforcement
940 agency is providing services;
941 (b) by the individual who made the request;
942 (c) as agreed by the parties; or
943 (d) as ordered by the tribunal.
944 (2) In cases in which the cost is advanced by the support-enforcement agency, the
945 agency may seek reimbursement from a man who is rebuttably identified as the father.
946 Section 54. Section 78-45g-507 is enacted to read:
947 78-45g-507. Additional genetic testing.
948 The tribunal shall order additional genetic testing upon the request of a party who
949 contests the result of the original testing. If the previous genetic testing identified a man as the
950 father of the child under Section 78-45g-505 , the tribunal may not order additional testing
951 unless the party provides advance payment for the testing. If the tribunal orders a second
952 genetic test in accordance with this section, the additional testing must be completed within 45
953 days of the tribunal's order or the requesting party's objection to the first test will be
954 automatically denied. If failure to complete the test occurs because of noncooperation of the
955 mother or unavailability of the child, the time will be tolled.

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- 32 - 956 Section 55. Section 78-45g-508 is enacted to read:
957 78-45g-508. Genetic testing when specimens not available.
958 (1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man
959 who may be the father of a child, for good cause and under extraordinary circumstances the
960 tribunal considers to be just, the tribunal may order the following individuals to submit
961 specimens for genetic testing:
962 (a) the parents of the man;
963 (b) brothers and sisters of the man;
964 (c) other children of the man and their mothers; and
965 (d) other relatives of the man necessary to complete genetic testing.
966 (2) Issuance of an order under this section requires a finding that a need for genetic
967 testing outweighs the legitimate interests of the individual sought to be tested.
968 Section 56. Section 78-45g-509 is enacted to read:
969 78-45g-509. Deceased individual.
970 For good cause shown, the tribunal may order genetic testing of a deceased individual.
971 Section 57. Section 78-45g-510 is enacted to read:
972 78-45g-510. Identical brothers.
973 (1) The tribunal may order genetic testing of a brother of a man identified as the father
974 of a child if the man is commonly believed to have an identical brother and evidence suggests
975 that the brother may be the genetic father of the child.
976 (2) If each brother satisfies the requirements as the identified father of the child under
977 Section 78-45g-505 without consideration of another identical brother being identified as the
978 father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is
979 the father of the child.
980 Section 58. Section 78-45g-511 is enacted to read:
981 78-45g-511. Confidentiality of genetic testing.
982 Release of the report of genetic testing for parentage is controlled by Title 63, Chapter
983 2, Government Records Access and Management Act.
984 Section 59. Section 78-45g-601 is enacted to read:
985 Part 6. Adjudication of Parentage
986 78-45g-601. Proceeding authorized -- Definition.

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- 33 - 987 (1) An adjudicative proceeding may be maintained to determine the parentage of a
988 child. A judicial proceeding is governed by the rules of civil procedure. An administrative
989 proceeding is governed by Title 63, Chapter 46b, Administrative Procedures Act.
990 (2) For the purposes of this part, "divorce" also includes an annulment.
991 Section 60. Section 78-45g-602 is enacted to read:
992 78-45g-602. Standing to maintain proceeding.
993 Subject to Part 3, Voluntary Declaration of Paternity, and Sections 78-45g-607 and
994 78-45g-609 , a proceeding to adjudicate parentage may be maintained by:
995 (1) the child;
996 (2) the mother of the child;
997 (3) a man whose paternity of the child is to be adjudicated;
998 (4) the support-enforcement agency or other governmental agency authorized by other
999 law;
1000 (5) an authorized adoption agency or licensed child-placing agency;
1001 (6) a representative authorized by law to act for an individual who would otherwise be
1002 entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
1003 (7) an intended parent under Part 8, Gestational Agreement.
1004 Section 61. Section 78-45g-603 is enacted to read:
1005 78-45g-603. Parties to proceeding.
1006 The following individuals shall be joined as parties in a proceeding to adjudicate
1007 parentage:
1008 (1) the mother of the child;
1009 (2) a man whose paternity of the child is to be adjudicated; and
1010 (3) the state pursuant to Section 78-45-9 .
1011 Section 62. Section 78-45g-604 is enacted to read:
1012 78-45g-604. Personal jurisdiction.
1013 (1) An individual may not be adjudicated to be a parent unless the tribunal has personal
1014 jurisdiction over the individual.
1015 (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise
1016 personal jurisdiction over a nonresident individual, or the guardian or conservator of the
1017 individual, if the conditions prescribed in Section 78-45f-201 are fulfilled, or the individual has

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- 34 - 1018 signed a declaration of paternity.
1019 (3) Lack of jurisdiction over one individual does not preclude the tribunal from making
1020 an adjudication of parentage binding on another individual over whom the tribunal has
1021 personal jurisdiction.
1022 Section 63. Section 78-45g-605 is enacted to read:
1023 78-45g-605. Venue.
1024 Venue for a judicial proceeding to adjudicate parentage is in the county of this state in
1025 which:
1026 (1) the child resides or is found;
1027 (2) the respondent resides or is found if the child does not reside in this state; or
1028 (3) a proceeding for probate or administration of the presumed or alleged father's estate
1029 has been commenced.
1030 Section 64. Section 78-45g-606 is enacted to read:
1031 78-45g-606. No limitation -- Child having no declarant or adjudicated father.
1032 A proceeding to adjudicate the parentage of a child having no declarant or adjudicated
1033 father may be commenced at any time. If initiated after the child becomes an adult, only the
1034 child may initiate the proceeding.
1035 Section 65. Section 78-45g-607 is enacted to read:
1036 78-45g-607. Limitation -- Child having presumed father.
1037 (1) Paternity of a child conceived or born during a marriage with a presumed father as
1038 described in Subsection 78-45g-204 (1)(a), (b), or (c), may only be raised by the presumed
1039 father or the mother at any time prior to filing an action for divorce or in the pleadings at the
1040 time of the divorce of the parents.
1041 (a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the
1042 tribunal in accordance with Section 78-45g-608 . Failure of the mother of the child to appear
1043 for testing may result in an order allowing a motherless calculation of paternity. Failure of the
1044 mother to make the child available may not result in a determination that the presumed father is
1045 not the father, but shall allow for appropriate proceedings to compel the cooperation of the
1046 mother. Once paternity has been raised in the pleadings in a divorce and an order is entered,
1047 the parties are estopped from raising the issue again, and the order of the tribunal may not be
1048 challenged on the basis of material mistake of fact.

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- 35 - 1049 (b) If the presumed father seeks to rebut the presumption of paternity, then denial of a
1050 motion seeking an order for genetic testing or a decision to disregard genetic test results shall
1051 be based on a preponderance of the evidence.
1052 (c) If the mother seeks to rebut the presumption of paternity, the mother has the burden
1053 to show by a preponderance of the evidence that it would be in the best interests of the child to
1054 disestablish the parent-child relationship.
1055 (2) For the presumption outside of marriage described in Subsection 78-45g-204 (1)(d),
1056 the presumption may be rebutted at any time if the tribunal determines that the presumed father
1057 and the mother of the child neither cohabited nor engaged in sexual intercourse with each other
1058 during the probable time of conception.
1059 (3) The presumption may be rebutted by:
1060 (a) genetic test results that exclude the presumed father;
1061 (b) genetic test results that rebuttably identify another man as the father in accordance
1062 with Section 78-45g-505 ;
1063 (c) evidence that the presumed father and the mother of the child neither cohabited nor
1064 engaged in sexual intercourse with each other during the probable time of conception; or
1065 (d) an adjudication under this part.
1066 (4) There is no presumption to rebut if the presumed father was properly served and
1067 there has been a final adjudication of the issue.
1068 Section 66. Section 78-45g-608 is enacted to read:
1069 78-45g-608. Authority to deny motion for genetic testing or disregard test results.
1070 (1) In a proceeding to adjudicate the parentage of a child having a presumed father or
1071 to challenge the paternity of a child having a declarant father, the tribunal may deny a motion
1072 seeking an order for genetic testing of the mother, the child, and the presumed or declarant
1073 father, or if testing has been completed, the tribunal may disregard genetic test results that
1074 exclude the presumed or declarant father if the tribunal determines that:
1075 (a) the conduct of the mother or the presumed or declarant father estops that party from
1076 denying parentage; and
1077 (b) it would be inequitable to disrupt the father-child relationship between the child
1078 and the presumed or declarant father.
1079 (2) In determining whether to deny a motion seeking an order for genetic testing or to

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- 36 - 1080 disregard genetic test results under this section, the tribunal shall consider the best interest of
1081 the child, including the following factors:
1082 (a) the length of time between the proceeding to adjudicate parentage and the time that
1083 the presumed or declarant father was placed on notice that he might not be the genetic father;
1084 (b) the length of time during which the presumed or declarant father has assumed the
1085 role of father of the child;
1086 (c) the facts surrounding the presumed or declarant father's discovery of his possible
1087 nonpaternity;
1088 (d) the nature of the relationship between the child and the presumed or declarant
1089 father;
1090 (e) the age of the child;
1091 (f) the harm that may result to the child if presumed or declared paternity is
1092 successfully disestablished;
1093 (g) the nature of the relationship between the child and any alleged father;
1094 (h) the extent to which the passage of time reduces the chances of establishing the
1095 paternity of another man and a child-support obligation in favor of the child; and
1096 (i) other factors that may affect the equities arising from the disruption of the
1097 father-child relationship between the child and the presumed or declarant father or the chance
1098 of other harm to the child.
1099 (3) If the tribunal denies a motion seeking an order for genetic testing or disregards
1100 genetic test results that exclude the presumed or declarant father, it shall issue an order
1101 adjudicating the presumed or declarant father to be the father of the child.
1102 Section 67. Section 78-45g-609 is enacted to read:
1103 78-45g-609. Limitation -- Child having declarant father.
1104 (1) If a child has a declarant father, a signatory to the declaration of paternity or denial
1105 of paternity or a support-enforcement agency may commence a proceeding seeking to rescind
1106 the declaration or denial or challenge the paternity of the child only within the time allowed
1107 under Section 78-45g-306 or 78-45g-307 .
1108 (2) A proceeding under this section is subject to the application of the principles of
1109 estoppel established in Section 78-45g-608 .
1110 Section 68. Section 78-45g-610 is enacted to read:

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- 37 - 1111 78-45g-610. Joinder of judicial proceedings.
1112 (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
1113 parentage may be joined with a proceeding for adoption, termination of parental rights, child
1114 custody or visitation, child support, divorce, annulment, legal separation or separate
1115 maintenance, probate or administration of an estate, or other appropriate proceeding.
1116 (2) A respondent may not join a proceeding described in Subsection (1) with a
1117 proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.
1118 Section 69. Section 78-45g-611 is enacted to read:
1119 78-45g-611. Proceeding before birth.
1120 A proceeding to determine parentage may be commenced before the birth of the child,
1121 but may not be concluded until after the birth of the child. The following actions may be taken
1122 before the birth of the child:
1123 (1) service of process;
1124 (2) discovery; and
1125 (3) except as prohibited by Section 78-45g-502 , collection of specimens for genetic
1126 testing.
1127 Section 70. Section 78-45g-612 is enacted to read:
1128 78-45g-612. Child as party -- Representation.
1129 (1) A minor child is a permissible party, but is not a necessary party to a proceeding
1130 under this part.
1131 (2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated
1132 child if the child is a party or the tribunal finds that the interests of the child are not adequately
1133 represented.
1134 Section 71. Section 78-45g-613 is enacted to read:
1135 78-45g-613. Admissibility of results of genetic testing -- Expenses.
1136 (1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert
1137 is admissible as evidence of the truth of the facts asserted in the report unless a party objects to
1138 its admission within 14 days after its receipt by the objecting party and cites specific grounds
1139 for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The
1140 admissibility of the report is not affected by whether the testing was performed:
1141 (a) voluntarily or pursuant to an order of the tribunal; or

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- 38 - 1142 (b) before or after the commencement of the proceeding.
1143 (2) A party objecting to the results of genetic testing may call one or more
1144 genetic-testing experts to testify in person or by telephone, video conference, deposition, or
1145 another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party
1146 offering the testimony bears the expense for the expert testifying.
1147 (3) If a child has a presumed or declarant father, the results of genetic testing are
1148 inadmissible to adjudicate parentage unless performed:
1149 (a) pursuant to Section 78-45g-503 ;
1150 (b) within the time periods set forth in this chapter; and
1151 (c) pursuant to a tribunal order or administrative process; or
1152 (d) with the consent of both the mother and the presumed or declarant father.
1153 (4) If a child has an adjudicated father, the results of genetic testing are inadmissible to
1154 challenge paternity except as set forth in Sections 78-45g-607 and 78-45g-608 .
1155 (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the
1156 mother and child which are furnished to the adverse party not less than ten days before the date
1157 of a hearing are admissible to establish:
1158 (a) the amount of the charges billed; and
1159 (b) that the charges were reasonable, necessary, and customary.
1160 Section 72. Section 78-45g-614 is enacted to read:
1161 78-45g-614. Consequences of failing to submit to genetic testing.
1162 (1) An order for genetic testing is enforceable by contempt.
1163 (2) If an individual whose paternity is being determined fails to submit to genetic
1164 testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to
1165 the position of that individual.
1166 (3) Genetic testing of the mother of a child is not a condition precedent to testing the
1167 child and a man whose paternity is being determined. If the mother is unavailable or fails to
1168 submit to genetic testing, the tribunal may order the testing of the child and every man who is
1169 potentially the father of the child.
1170 Section 73. Section 78-45g-615 is enacted to read:
1171 78-45g-615. Admission of paternity authorized.
1172 (1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of

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- 39 - 1173 a child by filing a pleading to that effect or by admitting paternity under penalty of perjury
1174 when making an appearance or during a hearing.
1175 (2) If the tribunal finds that the admission of paternity satisfies the requirements of this
1176 section and finds that there is no reason to question the admission, the tribunal shall issue an
1177 order adjudicating the child to be the child of the man admitting paternity.
1178 Section 74. Section 78-45g-616 is enacted to read:
1179 78-45g-616. Temporary order.
1180 (1) In a proceeding under this part, the tribunal shall issue a temporary order for
1181 support of a child if the order is appropriate and the individual ordered to pay support is:
1182 (a) a presumed father of the child;
1183 (b) petitioning to have his paternity adjudicated;
1184 (c) identified as the father through genetic testing under Section 78-45g-505 ;
1185 (d) an alleged father who has failed to submit to genetic testing;
1186 (e) shown by clear and convincing evidence to be the father of the child; or
1187 (f) the mother of the child.
1188 (2) A temporary tribunal order may include provisions for custody and visitation as
1189 provided by other laws of this state.
1190 Section 75. Section 78-45g-617 is enacted to read:
1191 78-45g-617. Rules for adjudication of paternity.
1192 The tribunal shall apply the following rules to adjudicate the paternity of a child:
1193 (1) The paternity of a child having a presumed, declarant, or adjudicated father may be
1194 disproved only by admissible results of genetic testing excluding that man as the father of the
1195 child or identifying another man as the father of the child.
1196 (2) Unless the results of genetic testing are admitted to rebut other results of genetic
1197 testing, a man identified as the father of a child under Section 78-45g-505 must be adjudicated
1198 the father of the child, unless an exception is granted under Section 78-45g-608 .
1199 (3) If the tribunal finds that genetic testing under Section 78-45g-505 neither identifies
1200 nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that
1201 event, the tribunal shall order further testing.
1202 (4) Unless the results of genetic testing are admitted to rebut other results of genetic
1203 testing, a man properly excluded as the father of a child by genetic testing must be adjudicated

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- 40 - 1204 not to be the father of the child.
1205 Section 76. Section 78-45g-618 is enacted to read:
1206 78-45g-618. Adjudication of parentage -- Jury trial prohibited.
1207 A jury trial is prohibited to adjudicate paternity of a child.
1208 Section 77. Section 78-45g-619 is enacted to read:
1209 78-45g-619. Adjudication of parentage -- Hearings -- Inspection of records.
1210 (1) On request of a party and for good cause shown, the tribunal may close a
1211 proceeding under this part.
1212 (2) A final order in a proceeding under this part is available for public inspection.
1213 Other papers and records are available only with the consent of the parties or on order of the
1214 tribunal for good cause.
1215 Section 78. Section 78-45g-620 is enacted to read:
1216 78-45g-620. Adjudication of parentage -- Order on default.
1217 The tribunal shall issue an order adjudicating the paternity of a man who:
1218 (1) after service of process, is in default; and
1219 (2) is found by the tribunal to be the father of a child.
1220 Section 79. Section 78-45g-621 is enacted to read:
1221 78-45g-621. Adjudication of parentage -- Dismissal for want of prosecution.
1222 The tribunal may issue an order dismissing a proceeding commenced under this chapter
1223 for want of prosecution only without prejudice. An order of dismissal for want of prosecution
1224 purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
1225 Section 80. Section 78-45g-622 is enacted to read:
1226 78-45g-622. Order adjudicating parentage.
1227 (1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to
1228 be the father is the parent of the child.
1229 (2) An order adjudicating parentage must identify the child by name and date of birth.
1230 (3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees,
1231 reasonable attorney's fees, fees for genetic testing, other costs, necessary travel, and other
1232 reasonable expenses incurred in a proceeding under this part. The tribunal may award
1233 attorney's fees, which may be paid directly to the attorney, who may enforce the order in the
1234 attorney's own name.

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- 41 - 1235 (4) The tribunal may not assess fees, costs, or expenses against the
1236 support-enforcement agency of this state or another state, except as provided by law.
1237 (5) On request of a party and for good cause shown, the tribunal may order that the
1238 name of the child be changed.
1239 (6) If the order of the tribunal is at variance with the child's birth certificate, the
1240 tribunal shall order the Office of Vital Records to issue an amended birth registration.
1241 Section 81. Section 78-45g-623 is enacted to read:
1242 78-45g-623. Binding effect of determination of parentage.
1243 (1) Except as otherwise provided in Subsection (2), a determination of parentage is
1244 binding on:
1245 (a) all signatories to a declaration or denial of paternity as provided in Part 3,
1246 Voluntary Declaration of Paternity; and
1247 (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
1248 the jurisdictional requirements of Section 78-45f-201 .
1249 (2) A child is not bound by a determination of parentage under this chapter unless:
1250 (a) the determination was based on an unrescinded declaration of paternity and the
1251 declaration is consistent with the results of genetic testing;
1252 (b) the adjudication of parentage was based on a finding consistent with the results of
1253 genetic testing and the consistency is declared in the determination or is otherwise shown; or
1254 (c) the child was a party or was represented in the proceeding determining parentage by
1255 a guardian ad litem.
1256 (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
1257 adjudication of the parentage of a child if the final order:
1258 (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
1259 similar words indicating that the husband is the father of the child; or
1260 (b) provides for support of the child by the husband unless paternity is specifically
1261 disclaimed in the order.
1262 (4) The tribunal is not considered to have made an adjudication of the parentage of a
1263 child if the child was born at the time of entry of the order and other children are named as
1264 children of the marriage, but that child is specifically not named.
1265 (5) Once the paternity of a child has been adjudicated, an individual who was not a

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- 42 - 1266 party to the paternity proceeding may not challenge the paternity, unless:
1267 (a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
1268 (b) the challenger can demonstrate by clear and convincing evidence that the challenger
1269 did not know about the adjudicatory proceeding or did not have a reasonable opportunity to
1270 know of the proceeding; and
1271 (c) there would be irreparable harm to the child to leave the order in place.
1272 (6) A party to an adjudication of paternity may challenge the adjudication only under
1273 law of this state relating to appeal, vacation of judgments, or other judicial review.
1274 Section 82. Section 78-45g-701 is enacted to read:
1275 Part 7. Child of Assisted Reproduction
1276 78-45g-701. Scope.
1277 This part does not apply to the birth of a child conceived by means of sexual
1278 intercourse, or as result of a gestational agreement as provided in Part 8, Gestational
1279 Agreement.
1280 Section 83. Section 78-45g-702 is enacted to read:
1281 78-45g-702. Parental status of donor.
1282 A donor is not a parent of a child conceived by means of assisted reproduction.
1283 Section 84. Section 78-45g-703 is enacted to read:
1284 78-45g-703. Husband's paternity of child of assisted reproduction.
1285 If a husband provides sperm for, or consents to, assisted reproduction by his wife as
1286 provided in Section 78-45g-704 , he is the father of a resulting child born to his wife.
1287 Section 85. Section 78-45g-704 is enacted to read:
1288 78-45g-704. Consent to assisted reproduction.
1289 (1) A consent to assisted reproduction by a married woman must be in a record signed
1290 by the woman and her husband. This requirement does not apply to the donation of eggs for
1291 assisted reproduction by another woman.
1292 (2) Failure of the husband to sign a consent required by Subsection (1), before or after
1293 the birth of the child, does not preclude a finding that the husband is the father of a child born
1294 to his wife if the wife and husband openly treat the child as their own.
1295 Section 86. Section 78-45g-705 is enacted to read:
1296 78-45g-705. Limitation on husband's dispute of paternity.

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- 43 - 1297 (1) Except as otherwise provided in Subsection (2), the husband of a wife who gives
1298 birth to a child by means of assisted reproduction may not challenge his paternity of the child
1299 unless:
1300 (a) within two years after learning of the birth of the child he commences a proceeding
1301 to adjudicate his paternity; and
1302 (b) the tribunal finds that he did not consent to the assisted reproduction, before or after
1303 the birth of the child.
1304 (2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal
1305 determines that:
1306 (a) the husband did not provide sperm for, or before or after the birth of the child
1307 consent to, assisted reproduction by his wife;
1308 (b) the husband and the mother of the child have not cohabited since the probable time
1309 of assisted reproduction; and
1310 (c) the husband never openly treated the child as his own.
1311 (3) The limitation provided in this section applies to a marriage declared invalid after
1312 assisted reproduction.
1313 Section 87. Section 78-45g-706 is enacted to read:
1314 78-45g-706. Effect of dissolution of marriage.
1315 (1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the
1316 former spouse is not a parent of the resulting child unless the former spouse consented in a
1317 record that if assisted reproduction were to occur after a divorce, the former spouse would be a
1318 parent of the child.
1319 (2) The consent of the former spouse to assisted reproduction may be revoked by that
1320 individual in a record at any time before placement of eggs, sperm, or embryos.
1321 Section 88. Section 78-45g-707 is enacted to read:
1322 78-45g-707. Parental status of deceased spouse.
1323 If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
1324 not a parent of the resulting child unless the deceased spouse consented in a record that if
1325 assisted reproduction were to occur after death, the deceased spouse would be a parent of the
1326 child.
1327 Section 89. Section 78-45g-801 is enacted to read:

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- 44 - 1328 Part 8. Gestational Agreement
1329 78-45g-801. Gestational agreement authorized.
1330 (1) A prospective gestational mother, her husband if she is married, a donor or the
1331 donors, and the intended parents may enter into a written agreement providing that:
1332 (a) the prospective gestational mother agrees to pregnancy by means of assisted
1333 reproduction;
1334 (b) the prospective gestational mother, her husband if she is married, and the donors
1335 relinquish all rights and duties as the parents of a child conceived through assisted
1336 reproduction; and
1337 (c) the intended parents become the parents of the child.
1338 (2) The intended parents shall be married, and both spouses must be parties to the
1339 gestational agreement.
1340 (3) A gestational agreement is enforceable only if validated as provided in Section
1341 78-45g-803 .
1342 (4) A gestational agreement does not apply to the birth of a child conceived by means
1343 of sexual intercourse.
1344 Section 90. Section 78-45g-802 is enacted to read:
1345 78-45g-802. Requirements of petition.
1346 (1) The intended parents and the prospective gestational mother may file a petition in
1347 the district tribunal to validate a gestational agreement.
1348 (2) A petition to validate a gestational agreement may not be maintained unless either
1349 the mother or intended parents have been residents of this state for at least 90 days.
1350 (3) The prospective gestational mother's husband, if she is married, must join in the
1351 petition.
1352 (4) A copy of the gestational agreement must be attached to the petition.
1353 Section 91. Section 78-45g-803 is enacted to read:
1354 78-45g-803. Hearing to validate gestational agreement.
1355 (1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
1356 validating the gestational agreement and declaring that the intended parents will be the parents
1357 of a child born during the term of the agreement.
1358 (2) The tribunal may issue an order under Subsection (1) only on finding that:

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- 45 - 1359 (a) the residence requirements of Section 78-45g-802 have been satisfied and the
1360 parties have submitted to jurisdiction of the tribunal under the jurisdictional standards of this
1361 part;
1362 (b) medical evidence shows that the intended mother is unable to bear a child or is
1363 unable to do so without unreasonable risk to her physical or mental health or to the unborn
1364 child;
1365 (c) unless waived by the tribunal, a home study of the intended parents has been
1366 conducted in accordance with Section 78-30-3.5 , and the intended parents meet the standards
1367 of fitness applicable to adoptive parents;
1368 (d) all parties have voluntarily entered into the agreement and understand its terms;
1369 (e) the prospective gestational mother has had at least one pregnancy and delivery and
1370 her bearing another child will not pose an unreasonable health risk to the unborn child or to the
1371 physical or mental health of the prospective gestational mother;
1372 (f) adequate provision has been made for all reasonable health-care expense associated
1373 with the gestational agreement until the birth of the child, including responsibility for those
1374 expenses if the agreement is terminated; and
1375 (g) the consideration, if any, paid to the prospective gestational mother is reasonable.
1376 (3) Whether to validate a gestational agreement is within the discretion of the tribunal,
1377 subject only to review for abuse of discretion.
1378 Section 92. Section 78-45g-804 is enacted to read:
1379 78-45g-804. Inspection of records.
1380 The proceedings, records, and identities of the individuals to a gestational agreement
1381 under this part are subject to inspection under the confidentiality standards applicable to
1382 adoptions as provided under other laws of this state.
1383 Section 93. Section 78-45g-805 is enacted to read:
1384 78-45g-805. Exclusive, continuing jurisdiction.
1385 Subject to the jurisdictional standards of Section 78-45c-201 , the tribunal conducting a
1386 proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the
1387 gestational agreement until a child born to the gestational mother during the period governed
1388 by the agreement attains the age of 180 days.
1389 Section 94. Section 78-45g-806 is enacted to read:

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- 46 - 1390 78-45g-806. Termination of gestational agreement.
1391 (1) After issuance of an order under this part, but before the prospective gestational
1392 mother becomes pregnant by means of assisted reproduction, the prospective gestational
1393 mother, her husband, or either of the intended parents may terminate the gestational agreement
1394 only by giving written notice of termination to all other parties.
1395 (2) The tribunal for good cause shown also may terminate the gestational agreement.
1396 (3) An individual who terminates an agreement shall file notice of the termination with
1397 the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
1398 An individual who does not notify the tribunal of the termination of the agreement is subject to
1399 appropriate sanctions.
1400 (4) Neither a prospective gestational mother nor her husband, if any, is liable to the
1401 intended parents for terminating an agreement pursuant to this section.
1402 Section 95. Section 78-45g-807 is enacted to read:
1403 78-45g-807. Parentage under validated gestational agreement.
1404 (1) Upon birth of a child to a gestational mother, the intended parents shall file notice
1405 with the tribunal that a child has been born to the gestational mother within 300 days after
1406 assisted reproduction. Thereupon, the tribunal shall issue an order:
1407 (a) confirming that the intended parents are the parents of the child;
1408 (b) if necessary, ordering that the child be surrendered to the intended parents; and
1409 (c) directing the Office of Vital Records to issue a birth certificate naming the intended
1410 parents as parents of the child.
1411 (2) If the parentage of a child born to the gestational mother is in dispute as not the
1412 result of an assisted reproduction, the tribunal shall order genetic testing to determine the
1413 parentage of the child.
1414 Section 96. Section 78-45g-808 is enacted to read:
1415 78-45g-808. Gestational agreement -- Miscellaneous provisions.
1416 (1) A gestational agreement may provide for payment of consideration.
1417 (2) A gestational agreement may not limit the right of the gestational mother to make
1418 decisions to safeguard her health or that of the embryo or fetus.
1419 (3) After the issuance of an order under this part, subsequent marriage of the
1420 gestational mother does not affect the validity of a gestational agreement, and her husband's

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- 47 - 1421 consent to the agreement is not required, nor is her husband a presumed father of the resulting
1422 child.
1423 Section 97. Section 78-45g-809 is enacted to read:
1424 78-45g-809. Effect of nonvalidated gestational agreement.
1425 (1) A gestational agreement, whether in a record or not, which is not validated by a
1426 tribunal is not enforceable.
1427 (2) If a birth results under a gestational agreement that is not judicially validated as
1428 provided in this part, the parent-child relationship is determined as provided in Part 2,
1429 Parent-child Relationship.
1430 (3) The individuals who are parties to a nonvalidated gestational agreement as intended
1431 parents may be held liable for support of the resulting child, even if the agreement is otherwise
1432 unenforceable. The liability under this Subsection (3) includes assessing all expenses and fees
1433 as provided in Section 78-45g-622 .
1434 Section 98. Section 78-45g-901 is enacted to read:
1435 Part 9. Miscellaneous Provisions
1436 78-45g-901. Uniformity of application and construction.
1437 This chapter is a uniform law. In applying and construing this chapter, consideration
1438 shall be given to the need to promote uniformity of the law with respect to its subject matter
1439 among the states that enact it.
1440 Section 99. Section 78-45g-902 is enacted to read:
1441 78-45g-902. Transitional provision.
1442 A proceeding to adjudicate parentage which was commenced before May 1, 2005 is
1443 governed by the law in effect at the time the proceeding was commenced.
1444 Section 100. Repealer.
1445 This bill repeals:
1446 Section 76-7-204, Prohibition of surrogate parenthood agreements -- Status of
1447 child -- Basis of custody.
1448 Section 78-45a-1, Obligations of the father.
1449 Section 78-45a-2, Determination of paternity -- Effect -- Enforcement.
1450 Section 78-45a-3, Limitation on recovery from the father.
1451 Section 78-45a-4, Limitations on recovery from father's estate.

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- 48 - 1452 Section 78-45a-5, Remedies.
1453 Section 78-45a-6, Time of trial.
1454 Section 78-45a-6.5, Standard of proof.
1455 Section 78-45a-7, Authority for genetic testing.
1456 Section 78-45a-10, Effect of genetic test results.
1457 Section 78-45a-10.5, Parent-time rights of father.
1458 Section 78-45a-11, Judgment.
1459 Section 78-45a-11.5, Social security number in court records.
1460 Section 78-45a-12, Security.
1461 Section 78-45a-13, Settlement agreements.
1462 Section 78-45a-14, Venue.
1463 Section 78-45a-15, Uniformity of interpretation.
1464 Section 78-45a-16, Short title.
1465 Section 78-45a-17, Operation of act.
1466 Section 78-45e-1, Chapter title.
1467 Section 78-45e-2, Voluntary declaration of paternity.
1468 Section 78-45e-4, Rescission of the declaration.
1469 Section 101. Effective date.
1470 (1) If approved by two-thirds of all members elected to each house, Sections
1471 78-45g-801 through 78-45g-809 take effect upon approval by the governor, or the day
1472 following the constitutional time limit of Utah Constitution Article VII, Section 8, without the
1473 governor's signature, or in the case of a veto, the date of veto override.
1474 (2) The remainder of this bill takes effect on May 1, 2005.