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House Committee Amendments 2-14-2005 dd/ecm
Senate Committee Amendments 1-20-2005 rd/ecm
This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 20, 2005 at 11:33 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 14, 2005 at 3:29 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 16, 2005 at 5:24 PM by chopkin. --> 1
This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 20, 2005 at 11:33 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 14, 2005 at 3:29 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 16, 2005 at 5:24 PM by chopkin. --> 1
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:
21 Other Special Clauses:
22 S [
23 Utah Code Sections Affected:
25 26-2-2, as last amended by Chapter 176, Laws of Utah 2003
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
29 78-30-4.13, as last amended by Chapter 122, Laws of Utah 2004
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
57 78-45g-308, Utah Code Annotated 1953
58 78-45g-309, 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
88 78-45g-605, Utah Code Annotated 1953
89 78-45g-606, 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
119 78-45g-806, Utah Code Annotated 1953
120 78-45g-807, 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
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
149 Be it enacted by the Legislature of the state of Utah:
150 Section 1. Section 26-2-2 is amended to read:
151 26-2-2. Definitions.
House Committee Amendments 2-14-2005 dd/ecmAs 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 H. [
161 claims to be the genetic father of a child
161a voluntary declaration of paternity
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
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, Utah Medical Practice Act or Chapter 68, Utah Osteopathic
178 Medical Practice Act.
179 (10) "[
180 during a marriage as defined in Section 30-1-17.2 .
181 (11) "Registration" or "register" means acceptance by the local or state registrar of a
182 certificate and incorporation of it into the permanent records of the state.
184 Subsection 26-2-3 (1)(e).
185 (13) "Vital records" means registered certificates or reports of birth, death, fetal death,
186 marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
187 registered certificates or reports, and other similar documents.
188 (14) "Vital statistics" means the data derived from registered certificates and reports of
189 birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
190 marriage, or annulment.
191 Section 2. Section 26-2-5 is amended to read:
192 26-2-5. Birth certificates -- Execution and registration requirements.
193 (1) As used in this section, "birthing facility" means a general acute hospital or birthing
194 center as defined in Section 26-21-2 .
195 (2) For each live birth occurring in the state, a certificate shall be filed with the local
196 registrar for the district in which the birth occurred within ten days following the birth. The
197 certificate shall be registered if it is completed and filed in accordance with this chapter.
198 (3) (a) For each live birth that occurs in a birthing facility, the administrator of the
199 birthing facility, or his designee, shall obtain and enter the information required under this
200 chapter on the certificate, securing the required signatures, and filing the certificate.
201 (b) (i) The date, time, place of birth, and required medical information shall be certified
202 by the birthing facility administrator or his designee.
203 (ii) The attending physician or nurse midwife may sign the certificate, but if the
204 attending physician or nurse midwife has not signed the certificate within seven days of the
205 date of birth, the birthing facility administrator or his designee shall enter the attending
206 physician's or nurse midwife's name and transmit the certificate to the local registrar.
207 (iii) The information on the certificate about the parents shall be provided and certified
208 by the mother or father or, in their incapacity or absence, by a person with knowledge of the
210 (4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
211 completed and filed by the physician, nurse, midwife, or other person primarily responsible for
212 providing assistance to the mother at the birth. If there is no such person, either the
215 disability, the owner or operator of the premises where the birth occurred shall do so.
216 (b) The certificate shall be completed as fully as possible and shall include the date,
217 time, and place of birth, the mother's name, and the signature of the person completing the
219 (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
220 administrator or director of that facility, or his designee, shall:
221 (i) provide the birth mother and declarant father, if present, with:
222 (A) a voluntary declaration of paternity form published by the state registrar;
223 (B) oral and written notice to the birth mother and declarant father of the alternatives
224 to, the legal consequences of, and the rights and responsibilities that arise from signing the
225 declaration; and
226 (C) the opportunity to sign the declaration;
227 (ii) witness the signature of a birth mother or declarant father in accordance with
228 Section [
229 (iii) enter the declarant father's information on the original birth certificate, but only if
230 the mother and [
231 a court or administrative agency has issued an adjudication of paternity; and
232 (iv) file the completed declaration with the original birth certificate.
233 (b) If there is a [
234 valid if the [
235 (c) The state registrar shall file the information provided on the voluntary declaration
236 of paternity form with the original birth certificate and may provide certified copies of the
237 declaration of paternity as otherwise provided under Title 78, [
239 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
240 a description of the process for filing a voluntary declaration of paternity, and of the rights and
241 responsibilities established or effected by that filing, in accordance with Title 78, [
243 (b) Information regarding the form and services related to voluntary paternity
244 establishment shall be made available to birthing facilities and to any other entity or individual
246 (7) The name of a declarant father may only be included on the birth certificate of a
247 child of unmarried parents if:
248 (a) the mother and declarant father have signed a voluntary declaration of paternity; or
249 (b) a court or administrative agency has issued an adjudication of paternity.
250 (8) Voluntary declarations of paternity, adjudications of paternity by judicial or
251 administrative agencies, and voluntary rescissions of paternity shall be filed with and
252 maintained by the state registrar for the purpose of comparing information with the state case
253 registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104 .
254 Section 3. Section 30-1-17.2 is amended to read:
255 30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
256 property, and children -- Presumption of paternity in marriage.
257 (1) If the parties have accumulated any property or acquired any obligations subsequent
258 to the marriage, if there is a genuine need arising from an economic change of circumstances
259 due to the marriage, or if there are children born or expected, the court may make temporary
260 and final orders, and subsequently modify the orders, relating to the parties, their property and
261 obligations, the children and their custody and parent-time, and the support and maintenance of
262 the parties and children, as may be equitable.
265 (2) A man is presumed to be the father of a child if:
266 (a) he and the mother of the child are married to each other and the child is born during
267 the marriage;
268 (b) he and the mother of the child were married to each other and the child is born
269 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
270 or divorce, or after a decree of separation;
271 (c) before the birth of the child, he and the mother of the child married each other in
272 apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
273 and the child is born during the invalid marriage or within 300 days after its termination by
274 death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
275 (d) after the birth of the child, he and the mother of the child have married each other
277 he voluntarily asserted his paternity of the child, and there is no other presumptive father of the
278 child, and:
279 (i) the assertion is in a record filed with the state registrar;
280 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
281 (iii) he promised in a record to support the child as his own.
282 (3) If the child was born at the time of entry of a divorce decree, other children are
283 named as children of the marriage, but that child is specifically not named, the husband is not
284 presumed to be the father of the child not named in the order.
285 (4) A presumption of paternity established under this section may only be rebutted in
286 accordance with Section 78-45g-607 .
287 (5) A final order or decree issued by a tribunal in which paternity is adjudicated, may
288 not be set aside unless the court finds that one of the parties perpetrated a fraud in the
289 establishment of the paternity and another party did not know or could not reasonably have
290 known of the fraud at the time of the entry of the order. The party who committed the fraud
291 may not bring the action.
292 Section 4. Section 75-2-114 is amended to read:
293 75-2-114. Parent and child relationship.
294 (1) Except as provided in Subsections (2) and (3), for purposes of intestate succession
295 by, through, or from a person, an individual is the child of the individual's natural parents,
296 regardless of their marital status. The parent and child relationship may be established as
297 provided in [
299 (2) An adopted individual is the child of the adopting parent or parents and not of the
300 natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
301 (a) the relationship between the child and that natural parent; or
302 (b) the right of the child or a descendant of the child to inherit from or through the
303 other natural parent.
304 (3) Inheritance from or through a child by either natural parent or his kindred is
305 precluded unless that natural parent has openly treated the child as his, and has not refused to
306 support the child.
308 78-30-4.13. Notice of adoption proceedings.
309 (1) An unmarried, biological father, by virtue of the fact that he has engaged in a
310 sexual relationship with a woman, is considered to be on notice that a pregnancy and an
311 adoption proceeding regarding that child may occur, and has a duty to protect his own rights
312 and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with
313 regard to that child only as provided in this section.
314 (2) Notice of an adoption proceeding shall be served on each of the following persons:
315 (a) any person or agency whose consent or relinquishment is required under Section
316 78-30-4.14 unless that right has been terminated by waiver, relinquishment, consent, or judicial
318 (b) any person who has initiated a paternity proceeding and filed notice of that action
319 with the state registrar of vital statistics within the Department of Health, in accordance with
320 Subsection (3);
321 (c) any legally appointed custodian or guardian of the adoptee;
322 (d) the petitioner's spouse, if any, only if he has not joined in the petition;
323 (e) the adoptee's spouse, if any;
324 (f) any person who, prior to the time the mother executes her consent for adoption or
325 relinquishes the child to a licensed child-placing agency, is recorded on the birth certificate as
326 the child's father, with the knowledge and consent of the mother;
327 (g) any person who is openly living in the same household with the child at the time
328 the consent is executed or relinquishment made, and who is holding himself out to be the
329 child's father; and
330 (h) any person who is married to the child's mother at the time she executes her consent
331 to the adoption or relinquishes the child for adoption.
332 (3) (a) In order to preserve any right to notice and consent, an unmarried, biological
333 father may initiate proceedings to establish paternity under Title 78, Chapter [
335 proceedings with the state registrar of vital statistics within the Department of Health prior to
336 the mother's execution of consent or her relinquishment to an agency. That action and notice
337 may also be filed prior to the child's birth.
339 mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
340 Section 78-13-7 .
341 (c) The Department of Health shall provide forms for the purpose of filing the notice
342 described in Subsection (3)(a), and make those forms available in the office of the county
343 health department in each county.
344 (4) Notice provided in accordance with this section need not disclose the name of the
345 mother of the child who is the subject of an adoption proceeding.
346 (5) The notice required by this section may be served immediately after relinquishment
347 or execution of consent, but shall be served at least 30 days prior to the final dispositional
348 hearing. The notice shall specifically state that the person served must respond to the petition
349 within 30 days of service if he intends to intervene in or contest the adoption.
350 (6) (a) Any person who has been served with notice of an adoption proceeding and who
351 wishes to contest the adoption shall file a motion in the adoption proceeding within 30 days
352 after service. The motion shall set forth specific relief sought and be accompanied by a
353 memorandum specifying the factual and legal grounds upon which the motion is based.
354 (b) Any person who fails to file a motion for relief within 30 days after service of
355 notice waives any right to further notice in connection with the adoption, forfeits all rights in
356 relation to the adoptee, and is barred from thereafter bringing or maintaining any action to
357 assert any interest in the adoptee.
358 (7) Service of notice under this section shall be made as follows:
359 (a) With regard to a person whose consent is necessary under Section 78-30-4.14 ,
360 service shall be in accordance with the provisions of the Utah Rules of Civil Procedure. If
361 service is by publication, the court shall designate the content of the notice regarding the
362 identity of the parties. The notice may not include the name of the person or persons seeking to
363 adopt the adoptee.
364 (b) As to any other person for whom notice is required under this section, service by
365 certified mail, return receipt requested, is sufficient. If that service cannot be completed after
366 two attempts, the court may issue an order providing for service by publication, posting, or by
367 any other manner of service.
368 (c) Notice to a person who has initiated a paternity proceeding and filed notice of that
370 the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
371 the last address filed with the registrar.
372 (8) The notice required by this section may be waived in writing by the person entitled
373 to receive notice.
374 (9) Proof of service of notice on all persons for whom notice is required by this section
375 shall be filed with the court before the final dispositional hearing on the adoption.
376 (10) Notwithstanding any other provision of law, neither the notice of an adoption
377 proceeding nor any process in that proceeding is required to contain the name of the person or
378 persons seeking to adopt the adoptee.
379 (11) Except as to those persons whose consent to an adoption is required under Section
380 78-30-4.14 , the sole purpose of notice under this section is to enable the person served to
381 intervene in the adoption and present evidence to the court relevant to the best interest of the
383 Section 6. Section 78-45g-101 is enacted to read:
386 78-45g-101. Title.
387 This chapter is known as the "Utah Uniform Parentage Act."
388 Section 7. Section 78-45g-102 is enacted to read:
389 78-45g-102. Definitions.
390 As used in this chapter:
391 (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
392 father of a child.
393 (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
394 genetic father or a possible genetic father of a child, but whose paternity has not been
396 (3) "Assisted reproduction" means a method of causing pregnancy other than sexual
397 intercourse. The term includes:
398 (a) intrauterine insemination;
399 (b) donation of eggs;
401 (d) in vitro fertilization and transfer of embryos; and
402 (e) intracytoplasmic sperm injection.
403 (4) "Birth expenses" means all medical costs associated with the birth of a child,
404 including the related expenses for the biological mother during her pregnancy and delivery.
405 (5) "Birth mother" means the biological mother of a child.
406 (6) "Child" means an individual of any age whose parentage may be determined under
407 this chapter.
408 (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
409 in the appropriate tribunal of this state.
410 (8) "Declarant father" means a male who, along with the biological mother claims to be
411 the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
413 (9) "Determination of parentage" means the establishment of the parent-child
414 relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
415 Declaration of Paternity, or adjudication by a tribunal.
416 (10) "Donor" means an individual who produces eggs or sperm used for assisted
417 reproduction, whether or not for consideration. The term does not include:
418 (a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
419 reproduction by the wife;
420 (b) a woman who gives birth to a child by means of assisted reproduction, except as
421 otherwise provided in Part 8, Gestational Agreement; or
422 (c) a parent under Part 7, Child of Assisted Reproduction, or an intended parent under
423 Part 8, Gestational Agreement.
424 (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
425 that an individual identifies as all or part of the individual's ancestry or that is so identified by
426 other information.
427 (12) "Financial support" means a base child support award as defined in Section
428 78-45-2 , all past-due support which accrues under an order for current periodic payments, and
429 sum certain judgments for past-due support.
430 (13) "Genetic testing" means an analysis of genetic markers to exclude or identify a
432 a combination of the following:
433 (a) deoxyribonucleic acid; or
434 (b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
435 serum proteins, or red-cell enzymes.
436 (14) "Gestational mother" means an adult woman who gives birth to a child under a
437 gestational agreement.
438 (15) "Man," as defined in this chapter, means a male individual of any age.
439 (16) "Medical support" means a provision in a support order that requires the purchase
440 and maintenance of appropriate insurance for health and dental expenses of dependent children,
441 and assigns responsibility for uninsured medical expenses.
442 (17) "Parent" means an individual who has established a parent-child relationship
443 under Section 78-45g-201 .
444 (18) "Parent-child relationship" means the legal relationship between a child and a
445 parent of the child. The term includes the mother-child relationship and the father-child
447 (19) "Paternity index" means the likelihood of paternity calculated by computing the
448 ratio between:
449 (a) the likelihood that the tested man is the father, based on the genetic markers of the
450 tested man and child, conditioned on the hypothesis that the tested man is the father of the
451 child; and
452 (b) the likelihood that the tested man is not the father, based on the genetic markers of
453 the tested man and child, conditioned on the hypothesis that the tested man is not the father of
454 the child and that the father is of the same ethnic or racial group as the tested man.
455 (20) "Presumed father" means a man who, by operation of law under Section
456 78-45g-204 , is recognized as the father of a child until that status is rebutted or confirmed as
457 set forth in this chapter.
458 (21) "Probability of paternity" means the measure, for the ethnic or racial group to
459 which the alleged father belongs, of the probability that the man in question is the father of the
460 child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
461 a percentage incorporating the paternity index and a prior probability.
463 stored in an electronic or other medium and is retrievable in perceivable form.
464 (23) "Signatory" means an individual who authenticates a record and is bound by its
466 (24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
467 the United States Virgin Islands, any territory, Native American Tribe, or insular possession
468 subject to the jurisdiction of the United States.
469 (25) "Support-enforcement agency" means a public official or agency authorized under
470 Title IV-D of the Social Security Act which has the authority to seek:
471 (a) enforcement of support orders or laws relating to the duty of support;
472 (b) establishment or modification of child support;
473 (c) determination of parentage; or
474 (d) location of child-support obligors and their income and assets.
475 (26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
476 authorized to establish, enforce, or modify support orders or to determine parentage.
477 Section 8. Section 78-45g-103 is enacted to read:
478 78-45g-103. Scope -- Choice of law.
479 (1) This chapter applies to determinations of parentage in this state.
480 (2) The tribunal shall apply the law of this state to adjudicate the parent-child
481 relationship. The applicable law may not depend upon:
482 (a) the place of birth of the child; or
483 (b) the past or present residence of the child.
484 (3) This chapter may not create, enlarge, or diminish parental rights or duties under
485 other laws of this state.
486 (4) This chapter does not authorize or prohibit an agreement between a woman and a
487 man and another woman in which the woman relinquishes all rights as a parent of a child
488 conceived by means of assisted reproduction, and which provides that the man and other
489 woman become the parents of the child. If a birth results under such an agreement and the
490 agreement is unenforceable under the law of this state, the parent-child relationship is
491 determined as provided in Part 2, Parent-child Relationship.
492 Section 9. Section 78-45g-104 is enacted to read:
House Committee Amendments 2-14-2005 dd/ecm78-45g-104. Adjudication -- Jurisdiction.
494 (1) The district court, the juvenile court, and the Office of Recovery Services in
495 accordance with Section 62A-11-304.2 and Title 63, Chapter 46b, Administrative Procedures
496 Act, are authorized to adjudicate parentage under Parts 1 through 6, and Part 9 of this chapter.
497 (2) The district court and the juvenile court have jurisdiction over proceedings under
498 Parts 7 and 8.
499 Section 10. Section 78-45g-105 is enacted to read:
500 78-45g-105. Protection of participants.
501 Proceedings under this chapter are subject to other laws of this state governing the
502 health, safety, privacy, and liberty of a child or other individual who could be jeopardized by
503 disclosure of identifying information, including address, telephone number, place of
504 employment, Social Security number, the child's day-care facility, or school.
505 Section 11. Section 78-45g-106 is enacted to read:
506 78-45g-106. Determination of maternity.
507 Provisions of this chapter relating to determination of paternity also apply to
508 determinations of maternity.
509 Section 12. Section 78-45g-107 is enacted to read:
510 78-45g-107. Effect.
511 An adjudication or declaration of paternity shall be filed with the state registrar in
512 accordance with Section 26-2-5 .
513 Section 13. Section 78-45g-108 is enacted to read:
514 78-45g-108. Obligation to provide address.
515 A party to an action under this chapter has a continuing obligation to keep the tribunal
516 informed of the party's current address.
517 Section 14. Section 78-45g-109 is enacted to read:
518 78-45g-109. Limitation on recovery from the father.
519 The H. [
519a years preceding
520 the commencement of an action.
521 Section 15. Section 78-45g-110 is enacted to read:
522 78-45g-110. Duty of attorney general and county attorney.
523 Whenever the state commences an action under this chapter, it shall be the duty of the
525 state. Neither the attorney general nor the county attorney represents or has an attorney-client
526 relationship with the obligee or the obligor in carrying out his responsibilities under this
528 Section 16. Section 78-45g-111 is enacted to read:
529 78-45g-111. Default judgment.
530 Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions
531 commenced under this chapter.
532 Section 17. Section 78-45g-112 is enacted to read:
533 78-45g-112. Standard of proof.
534 The standard of proof in a trial to determine paternity is "by clear and convincing
536 Section 18. Section 78-45g-113 is enacted to read:
537 78-45g-113. Parent-time rights of father.
538 (1) If the tribunal determines that the alleged father is the father, it may upon its own
539 motion or upon motion of the father, order parent-time rights in accordance with Sections
540 30-3-32 through 30-3-37 as it considers appropriate under the circumstances.
541 (2) Parent-time rights may not be granted to a father if the child has been subsequently
543 Section 19. Section 78-45g-114 is enacted to read:
544 78-45g-114. Social Security number in tribunal records.
545 The Social Security number of any individual who is subject to a paternity
546 determination shall be placed in the records relating to the matter.
547 Section 20. Section 78-45g-115 is enacted to read:
548 78-45g-115. Settlement agreements.
549 An agreement of settlement with the alleged father is binding only when approved by
550 the tribunal.
551 Section 21. Section 78-45g-201 is enacted to read:
553 78-45g-201. Establishment of parent-child relationship.
554 (1) The mother-child relationship is established between a woman and a child by:
556 Gestational Agreement;
557 (b) an adjudication of the woman's maternity;
558 (c) adoption of the child by the woman; or
559 (d) an adjudication confirming the woman as a parent of a child born to a gestational
560 mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
561 under other law.
562 (2) The father-child relationship is established between a man and a child by:
563 (a) an unrebutted presumption of the man's paternity of the child under Section
564 78-45g-204 ;
565 (b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration
566 of Paternity, unless the declaration has been rescinded or successfully challenged;
567 (c) an adjudication of the man's paternity;
568 (d) adoption of the child by the man;
569 (e) the man having consented to assisted reproduction by a woman under Part 7, Child
570 of Assisted Reproduction, which resulted in the birth of the child; or
571 (f) an adjudication confirming the man as a parent of a child born to a gestational
572 mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
573 under other law.
574 Section 22. Section 78-45g-202 is enacted to read:
575 78-45g-202. No discrimination based on marital status.
576 A child born to parents who are not married to each other whose paternity has been
577 determined under this chapter has the same rights under the law as a child born to parents who
578 are married to each other.
579 Section 23. Section 78-45g-203 is enacted to read:
580 78-45g-203. Consequences of establishment of parentage.
581 Unless parental rights are terminated, a parent-child relationship established under this
582 chapter applies for all purposes, except as otherwise specifically provided by other law of this
584 Section 24. Section 78-45g-204 is enacted to read:
585 78-45g-204. Presumption of paternity.
587 (a) he and the mother of the child are married to each other and the child is born during
588 the marriage;
589 (b) he and the mother of the child were married to each other and the child is born
590 within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
591 or divorce, or after a decree of separation;
592 (c) before the birth of the child, he and the mother of the child married each other in
593 apparent compliance with law, even if the attempted marriage is or could be declared invalid,
594 and the child is born during the invalid marriage or within 300 days after its termination by
595 death, annulment, declaration of invalidity, or divorce or after a decree of separation; or
596 (d) after the birth of the child, he and the mother of the child married each other in
597 apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he
598 voluntarily asserted his paternity of the child, and there is no other presumptive father of the
599 child, and:
600 (i) the assertion is in a record filed with the Office of Vital Records;
601 (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
602 (iii) he promised in a record to support the child as his own.
603 (2) A presumption of paternity established under this section may only be rebutted in
604 accordance with Section 78-45g-607 .
605 (3) If a child has an adjudicated father, the results of genetic testing are inadmissable to
606 challenge paternity except as set forth in Section 78-45g-607 .
607 Section 25. Section 78-45g-301 is enacted to read:
609 78-45g-301. Declaration of paternity.
610 The mother of a child and a man claiming to be the genetic father of the child may sign
611 a declaration of paternity to establish the paternity of the child.
612 Section 26. Section 78-45g-302 is enacted to read:
613 78-45g-302. Execution of declaration of paternity.
614 (1) A declaration of paternity must:
615 (a) be in a record;
616 (b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and
618 (c) be signed by the birth mother and declarant father in the presence of two witnesses
619 who are not related by blood or marriage; and
620 (d) state that the child whose paternity is being declared:
621 (i) does not have a presumed father, or has a presumed father whose full name is
622 stated; and
623 (ii) does not have another declarant or adjudicated father;
624 (e) state whether there has been genetic testing and, if so, that the declarant man's claim
625 of paternity is consistent with the results of the testing; and
626 (f) state that the signatories understand that the declaration is the equivalent of a legal
627 finding of paternity of the child and that a challenge to the declaration is permitted only under
628 the limited circumstances described in Section 78-45g-307 .
629 (2) If either the birth mother or the declarant father is a minor, the voluntary
630 declaration must also be signed by that minor's parent or legal guardian.
631 (3) A declaration of paternity is void if it:
632 (a) states that another man is a presumed father, unless a denial of paternity signed or
633 otherwise authenticated by the presumed father is filed with the Office of Vital Records in
634 accordance with Section 78-45g-303 ;
635 (b) states that another man is a declarant or adjudicated father; or
636 (c) falsely denies the existence of a presumed, declarant, or adjudicated father of the
638 (4) A presumed father may sign or otherwise authenticate an acknowledgment of
640 (5) The declaration of paternity shall be in a form prescribed by the Office of Vital
641 Records and shall be accompanied with a written and verbal notice of the alternatives to, the
642 legal consequences of, and the rights and responsibilities that arise from signing the
644 (6) The Social Security number of any person who is subject to declaration of paternity
645 shall be placed in the records relating to the matter.
646 (7) The declaration of paternity shall become an amendment to the original birth
647 certificate. The original certificate and the declaration shall be marked as to be distinguishable.
649 certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
650 information and the date of the amendment only.
651 (8) A declaration of paternity may be completed and signed any time after the birth of
652 the child. A declaration of paternity may not be signed or filed after consent to or
653 relinquishment for adoption has been signed.
654 (9) A declaration of paternity shall be considered effective when filed and entered into
655 a database established and maintained by the Office of Vital Records.
656 Section 27. Section 78-45g-303 is enacted to read:
657 78-45g-303. Denial of paternity.
658 A presumed or declarant father may sign a denial of his paternity. The denial is valid
659 only if:
660 (1) a declaration of paternity signed, or otherwise authenticated, by another man is filed
661 pursuant to Section 78-45g-305 ;
662 (2) the denial is in a form prescribed by and filed with the Office of Vital Records, and
663 is signed, or otherwise authenticated, under penalty of perjury; and
664 (3) the presumed or declarant father has not previously:
665 (a) declared his paternity, unless the previous declaration has been rescinded pursuant
666 to Section 78-45g-306 or successfully challenged pursuant to Section 78-45g-307 ; or
667 (b) been adjudicated to be the father of the child.
668 Section 28. Section 78-45g-304 is enacted to read:
669 78-45g-304. Rules for declaration and denial of paternity.
670 (1) A declaration of paternity and a denial of paternity shall be contained in a single
671 document. If the declaration and denial are both necessary, neither is valid until both are
672 signed and filed.
673 (2) A declaration of paternity or a denial of paternity may not be signed before the birth
674 of the child.
675 (3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes
676 effect on the birth of the child or the filing of the document with the Office of Vital Records,
677 whichever occurs later.
678 (4) A declaration of paternity or denial of paternity signed by a minor and by the
680 Section 29. Section 78-45g-305 is enacted to read:
681 78-45g-305. Effect of declaration or denial of paternity.
682 (1) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid
683 declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of
684 paternity of a child and confers upon the declarant father all of the rights and duties of a parent.
685 (2) When a declaration of paternity is filed, it shall be recognized as a basis for a child
686 support order without any further requirement or proceeding regarding the establishment of
688 (a) The liabilities of the father include, but are not limited to, the reasonable expense of
689 the mother's pregnancy and confinement and for the education, necessary support, and any
690 funeral expenses for the child.
691 (b) When a father declares paternity, his liability for past amounts due is limited to the
692 period of four years immediately preceding the date that the voluntary declaration of paternity
693 was filed.
694 (3) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid
695 denial of paternity by a presumed or declarant father filed with the Office of Vital Records in
696 conjunction with a valid declaration of paternity is equivalent to a legal finding of the
697 nonpaternity of the presumed or declarant father and discharges the presumed or declarant
698 father from all rights and duties of a parent. If a valid denial of paternity is filed with the
699 Office of Vital Records, the declarant or presumed father may not recover child support he paid
700 prior to the time of filing.
701 Section 30. Section 78-45g-306 is enacted to read:
702 78-45g-306. Proceeding for rescission.
703 A signatory may rescind a declaration of paternity or denial of paternity by filing a
704 voluntary rescission document with the Office of Vital Records in a form prescribed by the
705 office before the earlier of:
706 (1) 60 days after the effective date of the declaration or denial, as provided in Sections
707 78-45g-303 and 78-45g-304 ; or
708 (2) the date of notice of the first adjudicative proceeding to which the signatory is a
709 party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that
711 Section 31. Section 78-45g-307 is enacted to read:
712 78-45g-307. Challenge after expiration of period for rescission.
713 (1) After the period for rescission under Section 78-45g-306 has expired, a signatory of
714 a declaration of paternity or denial of paternity, or a support-enforcement agency, may
715 commence a proceeding to challenge the declaration or denial only on the basis of fraud,
716 duress, or material mistake of fact.
717 (2) A party challenging a declaration of paternity or denial of paternity has the burden
718 of proof.
719 (3) A challenge brought on the basis of fraud or duress may be commenced at any time.
720 (4) A challenge brought on the basis of a material mistake of fact may be commenced
721 within four years after the declaration is filed with the Office of Vital Records. For the
722 purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital
723 Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
724 (5) For purposes of Subsection (4), genetic test results that exclude a declarant father or
725 that rebuttably identify another man as the father in accordance with Section 78-45g-505
726 constitute a material mistake of fact.
727 Section 32. Section 78-45g-308 is enacted to read:
728 78-45g-308. Procedure for rescission or challenge.
729 (1) Every signatory to a declaration of paternity and any related denial of paternity
730 must be made a party to a proceeding to rescind or challenge the declaration or denial.
731 (2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial
732 of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration
733 or denial, effective upon the filing of the document with the Office of Vital Records.
734 (3) Except for good cause shown, during the pendency of a proceeding to rescind or
735 challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the
736 legal responsibilities of a signatory arising from the declaration, including the duty to pay child
738 (4) A proceeding to rescind or to challenge a declaration of paternity or denial of
739 paternity must be conducted in the same manner as a proceeding to adjudicate parentage under
740 Part 6, Adjudication of Parentage.
742 or denial of paternity, the tribunal shall order the Office of Vital Records to amend the birth
743 record of the child, if appropriate.
744 (6) If the declaration is rescinded, the declarant father may not recover child support he
745 paid prior to the entry of an order of rescission.
746 Section 33. Section 78-45g-309 is enacted to read:
747 78-45g-309. Ratification barred.
748 A tribunal or administrative agency conducting a judicial or administrative proceeding
749 may not ratify an unchallenged declaration of paternity.
750 Section 34. Section 78-45g-310 is enacted to read:
751 78-45g-310. Full faith and credit.
752 A tribunal of this state shall give full faith and credit to a declaration of paternity or
753 denial of paternity effective in another state if the declaration or denial has been signed and is
754 otherwise in compliance with the law of the other state.
755 Section 35. Section 78-45g-311 is enacted to read:
756 78-45g-311. Forms for declaration and denial of paternity and for rescission of
758 (1) To facilitate compliance with this part, the Office of Vital Records shall prescribe
759 forms for the declaration, denial, and rescission of paternity.
760 (2) A valid declaration of paternity or denial of paternity is not affected by a later
761 modification of the prescribed form.
762 Section 36. Section 78-45g-312 is enacted to read:
763 78-45g-312. Release of information.
764 The Office of Vital Records may release information relating to the declaration of
765 paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and
766 federal, tribal, and state support-enforcement agencies of this or another state.
767 Section 37. Section 78-45g-313 is enacted to read:
768 78-45g-313. Adoption of rules.
769 The Office of Vital Records may adopt rules in accordance with Title 63, Chapter 46a,
770 Utah Administrative Rulemaking Act, to implement this part.
771 Section 38. Section 78-45g-401 is enacted to read:
773 78-45g-401. Maintenance of records.
774 (1) The Office of Vital Records shall register the following records which are filed
775 with the office:
776 (a) all declarations of paternity;
777 (b) all judicial and administrative determinations of paternity; and
778 (c) all notices of proceedings to establish paternity which are filed pursuant to Sections
779 78-30-4.13 and 78-30-4.14 .
780 (2) A notice of initiation of paternity proceedings may not be accepted into the registry
781 unless accompanied by a copy of the pleading which has been filed with the court to establish
783 (3) A notice of initiation of paternity proceedings may not be filed if another man is the
784 adjudicated or declarant father.
785 Section 39. Section 78-45g-402 is enacted to read:
786 78-45g-402. Effect of registration.
787 (1) An unmarried biological father who desires to be notified of a proceeding for
788 adoption of a child must file a notice of the initiation of paternity proceedings as required by
789 Sections 78-30-4.13 and 78-30-4.14 .
790 (2) A registrant shall promptly notify the registry in a record of any change in the
791 information registered. The Office of Vital Records shall incorporate all new information
792 received into its records but need not affirmatively seek to obtain current information for
793 incorporation in the registry.
794 Section 40. Section 78-45g-403 is enacted to read:
795 78-45g-403. Notice of proceeding.
796 Notice of an adoption proceeding shall be given to unmarried biological fathers
797 pursuant to Section 78-30-4.13 .
798 Section 41. Section 78-45g-404 is enacted to read:
799 78-45g-404. Required form.
800 (1) The Office of Vital Records shall prepare a form to be filed with the agency. The
801 form shall require the signature of the registrant and state that the form is signed under penalty
802 of perjury.
804 (a) a timely filing of notice of the initiation of paternity proceedings which is filed
805 pursuant to Subsection 78-45g-402 (1) entitles the registrant to notice of a proceeding for
806 adoption of the child;
807 (b) a timely filing does not commence a proceeding to establish paternity;
808 (c) the information disclosed on the form may be used against the registrant to establish
810 (d) services to assist in establishing paternity of a child who is not placed for adoption
811 are available to the registrant through the Office of Recovery Services;
812 (e) the registrant should also file in another state if conception or birth of the child
813 occurred in the other state;
814 (f) information on registries of other states is available from the Office of Vital
815 Records; and
816 (g) procedures exist to remove the filing of a proceeding to establish paternity if the
817 proceeding is dismissed, or if a finding of paternity is rescinded or set aside under this chapter.
818 Section 42. Section 78-45g-405 is enacted to read:
819 78-45g-405. Furnishing of information -- Confidentiality.
820 (1) The Office of Vital Records shall send a copy of the filing to a person or entity set
821 forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the
822 most recent address provided by the requestor.
823 (2) Information contained in records which are filed pursuant to Section 78-45g-401 is
824 confidential and may be released on request only to:
825 (a) a tribunal or a person designated by the tribunal;
826 (b) the mother of the child who is the subject of the filing;
827 (c) an agency authorized by other law to receive the information;
828 (d) a licensed child-placing agency;
829 (e) the Office of Recovery Services, the Office of the Attorney General, or a
830 support-enforcement agency of another state or tribe;
831 (f) a party or the party's attorney of record in a proceeding under this chapter or in a
832 proceeding for adoption of, or for termination of parental rights regarding, a child who is the
833 subject of the filing; and
835 Section 43. Section 78-45g-406 is enacted to read:
836 78-45g-406. Penalty for releasing information.
837 A person who, with malicious intent, releases confidential information from the Office
838 of Vital Records which is filed pursuant to Section 78-45g-401 to a person or agency not
839 authorized to receive the information under Section 78-45g-405 is guilty of a class B
841 Section 44. Section 78-45g-407 is enacted to read:
842 78-45g-407. Removal of registration.
843 The Office of Vital Records may remove a registration in accordance with rules
844 adopted by the office in accordance with Title 63, Chapter 46a, Utah Administrative
845 Rulemaking Act.
846 Section 45. Section 78-45g-408 is enacted to read:
847 78-45g-408. Fees for registry.
848 (1) A fee may not be charged to remove a registration.
849 (2) Except as otherwise provided in Subsection (3), the Office of Vital Records may
850 charge a reasonable fee for registering records pursuant to Section 78-45g-401 , making a
851 search of the registry, and for furnishing a certificate.
852 (3) The Office of Recovery Services, the Office of the Attorney General, and
853 support-enforcement agencies of other states or tribes may not be required to pay the fee
854 authorized by Subsection (2).
855 Section 46. Section 78-45g-409 is enacted to read:
856 78-45g-409. Search of records -- Certificate.
857 (1) Upon the request of an individual, tribunal, or agency identified in Section
858 78-45g-405 , the Office of Vital Records shall search its records for any registration made
859 pursuant to Section 78-45g-401 and furnish to the requestor a certificate of search which shall
860 be signed on behalf of the office and state that:
861 (a) a search has been made of the records of the Office of Vital Records; and
862 (b) a registration containing the information required to identify the registrant:
863 (i) has been found and is attached to the certificate of search; or
864 (ii) has not been found.
866 proceeding for adoption.
867 Section 47. Section 78-45g-410 is enacted to read:
868 78-45g-410. Admissibility of information.
869 A certificate of search of the registry of paternity in this or another state is admissible in
870 a proceeding for adoption of a child and, if relevant, in other legal proceedings.
871 Section 48. Section 78-45g-501 is enacted to read:
873 78-45g-501. Scope of part.
874 This part governs genetic testing of an individual to determine parentage, whether the
876 (1) voluntarily submits to testing; or
877 (2) is tested pursuant to an order of a tribunal or a support-enforcement agency.
878 Section 49. Section 78-45g-502 is enacted to read:
879 78-45g-502. Order for testing.
880 (1) Upon the motion of any party to the action, except as otherwise provided in this
881 part and Part 6, Adjudication of Parentage, the tribunal shall order the child and other
882 designated individuals to submit to genetic testing if the request for testing is supported by the
883 sworn statement of a party to the proceeding:
884 (a) alleging paternity and stating facts establishing a reasonable probability of the
885 requisite sexual contact between the individuals; or
886 (b) denying paternity and stating facts establishing a possibility that sexual contact
887 between the individuals, if any, did not result in the conception of the child.
888 (2) If a request for genetic testing of a child is made before birth, the tribunal may not
889 order in-utero testing.
890 (3) If two or more men are subject to an order for genetic testing, the testing may be
891 ordered concurrently or sequentially.
892 Section 50. Section 78-45g-503 is enacted to read:
893 78-45g-503. Requirements for genetic testing.
894 (1) Genetic testing must be of a type reasonably relied upon by experts in the field of
895 genetic testing and performed in a testing laboratory accredited by:
897 (b) the American Society for Histocompatibility and Immunogenetics, or a successor to
898 its functions; or
899 (c) an accrediting body designated by the federal Secretary of Health and Human
901 (2) A specimen used in genetic testing may consist of one or more samples, or a
902 combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The
903 specimen used in the testing need not be of the same kind for each individual undergoing
904 genetic testing.
905 Section 51. Section 78-45g-504 is enacted to read:
906 78-45g-504. Report of genetic testing.
907 (1) A report of genetic testing must be in a record and signed under penalty of perjury
908 by a designee of the testing laboratory. A report made under the requirements of this part is
910 (2) Documentation from the testing laboratory of the following information is
911 sufficient to establish a reliable chain of custody that allows the results of genetic testing to be
912 admissible without testimony:
913 (a) the names and photographs of the individuals whose specimens have been taken;
914 (b) the names of the individuals who collected the specimens;
915 (c) the places and dates the specimens were collected;
916 (d) the names of the individuals who received the specimens in the testing laboratory;
917 (e) the dates the specimens were received; and
918 (f) the finger prints of the individuals whose specimens have been taken.
919 Section 52. Section 78-45g-505 is enacted to read:
920 78-45g-505. Genetic testing results -- Rebuttal.
921 (1) Under this chapter, a man is presumed to be identified as the father of a child if the
922 genetic testing complies with this part and the results disclose that:
923 (a) the man has at least a 99% probability of paternity, using a prior probability of 0.50,
924 as calculated by using the combined paternity index obtained in the testing; and
925 (b) a combined paternity index of at least 100 to 1.
926 (2) A man identified under Subsection (1) as the father of the child may rebut the
929 (a) excludes the man as a genetic father of the child; or
930 (b) identifies another man as the possible father of the child.
931 (3) If an issue is raised as to whether the appropriate ethnic or racial group database
932 was used by the testing laboratory, the testing laboratory will be asked to rerun the test using
933 the correct ethnic or racial group database. If the testing laboratory does not have an adequate
934 database, another testing laboratory may be engaged to perform the calculations.
935 (4) If a presumption of paternity is not rebutted by a second test, the tribunal shall issue
936 an order establishing paternity.
937 Section 53. Section 78-45g-506 is enacted to read:
938 78-45g-506. Costs of genetic testing.
939 (1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of
940 initial genetic testing shall be advanced:
941 (a) by a support-enforcement agency in a proceeding in which the support-enforcement
942 agency is providing services;
943 (b) by the individual who made the request;
944 (c) as agreed by the parties; or
945 (d) as ordered by the tribunal.
946 (2) In cases in which the cost is advanced by the support-enforcement agency, the
947 agency may seek reimbursement from a man who is rebuttably identified as the father.
948 Section 54. Section 78-45g-507 is enacted to read:
949 78-45g-507. Additional genetic testing.
950 The tribunal shall order additional genetic testing upon the request of a party who
951 contests the result of the original testing. If the previous genetic testing identified a man as the
952 father of the child under Section 78-45g-505 , the tribunal may not order additional testing
953 unless the party provides advance payment for the testing. If the tribunal orders a second
954 genetic test in accordance with this section, the additional testing must be completed within 45
955 days of the tribunal's order or the requesting party's objection to the first test will be
956 automatically denied. If failure to complete the test occurs because of noncooperation of the
957 mother or unavailability of the child, the time will be tolled.
959 78-45g-508. Genetic testing when specimens not available.
960 (1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man
961 who may be the father of a child, for good cause and under extraordinary circumstances the
962 tribunal considers to be just, the tribunal may order the following individuals to submit
963 specimens for genetic testing:
964 (a) the parents of the man;
965 (b) brothers and sisters of the man;
966 (c) other children of the man and their mothers; and
967 (d) other relatives of the man necessary to complete genetic testing.
968 (2) Issuance of an order under this section requires a finding that a need for genetic
969 testing outweighs the legitimate interests of the individual sought to be tested.
970 Section 56. Section 78-45g-509 is enacted to read:
971 78-45g-509. Deceased individual.
972 For good cause shown, the tribunal may order genetic testing of a deceased individual.
973 Section 57. Section 78-45g-510 is enacted to read:
974 78-45g-510. Identical brothers.
975 (1) The tribunal may order genetic testing of a brother of a man identified as the father
976 of a child if the man is commonly believed to have an identical brother and evidence suggests
977 that the brother may be the genetic father of the child.
978 (2) If each brother satisfies the requirements as the identified father of the child under
979 Section 78-45g-505 without consideration of another identical brother being identified as the
980 father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is
981 the father of the child.
982 Section 58. Section 78-45g-511 is enacted to read:
983 78-45g-511. Confidentiality of genetic testing.
984 Release of the report of genetic testing for parentage is controlled by Title 63, Chapter
985 2, Government Records Access and Management Act.
986 Section 59. Section 78-45g-601 is enacted to read:
988 78-45g-601. Proceeding authorized -- Definition.
990 child. A judicial proceeding is governed by the rules of civil procedure. An administrative
991 proceeding is governed by Title 63, Chapter 46b, Administrative Procedures Act.
992 (2) For the purposes of this part, "divorce" also includes an annulment.
993 Section 60. Section 78-45g-602 is enacted to read:
994 78-45g-602. Standing to maintain proceeding.
995 Subject to Part 3, Voluntary Declaration of Paternity, and Sections 78-45g-607 and
996 78-45g-609 , a proceeding to adjudicate parentage may be maintained by:
997 (1) the child;
998 (2) the mother of the child;
999 (3) a man whose paternity of the child is to be adjudicated;
1000 (4) the support-enforcement agency or other governmental agency authorized by other
1002 (5) an authorized adoption agency or licensed child-placing agency;
1003 (6) a representative authorized by law to act for an individual who would otherwise be
1004 entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
1005 (7) an intended parent under Part 8, Gestational Agreement.
1006 Section 61. Section 78-45g-603 is enacted to read:
1007 78-45g-603. Parties to proceeding.
1008 The following individuals shall be joined as parties in a proceeding to adjudicate
1010 (1) the mother of the child;
1011 (2) a man whose paternity of the child is to be adjudicated; and
1012 (3) the state pursuant to Section 78-45-9 .
1013 Section 62. Section 78-45g-604 is enacted to read:
1014 78-45g-604. Personal jurisdiction.
1015 (1) An individual may not be adjudicated to be a parent unless the tribunal has personal
1016 jurisdiction over the individual.
1017 (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise
1018 personal jurisdiction over a nonresident individual, or the guardian or conservator of the
1019 individual, if the conditions prescribed in Section 78-45f-201 are fulfilled, or the individual has
House Committee Amendments 2-14-2005 dd/ecmsigned a declaration of paternity.
1021 (3) Lack of jurisdiction over one individual does not preclude the tribunal from making
1022 an adjudication of parentage binding on another individual over whom the tribunal has
1023 personal jurisdiction.
1024 Section 63. Section 78-45g-605 is enacted to read:
1025 78-45g-605. Venue.
1026 Venue for a judicial proceeding to adjudicate parentage is in the county of this state in
1028 (1) the child resides or is found;
1029 (2) the respondent resides or is found if the child does not reside in this state; or
1030 (3) a proceeding for probate or administration of the presumed or alleged father's estate
1031 has been commenced.
1032 Section 64. Section 78-45g-606 is enacted to read:
1033 78-45g-606. No limitation -- Child having no declarant or adjudicated father.
1034 A proceeding to adjudicate the parentage of a child having no declarant or adjudicated
1035 father may be commenced at any time. If initiated after the child becomes an adult, only the
1036 child may initiate the proceeding.
1037 Section 65. Section 78-45g-607 is enacted to read:
1038 78-45g-607. Limitation -- Child having presumed father.
1039 (1) Paternity of a child conceived or born during a marriage with a presumed father as
1040 described in Subsection 78-45g-204 (1)(a), (b), or (c), may H. [
1041 father or the mother at any time prior to filing an action for divorce or in the pleadings at the
1042 time of the divorce of the parents.
1043 (a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the
1044 tribunal in accordance with Section 78-45g-608 . Failure of the mother of the child to appear
1045 for testing may result in an order allowing a motherless calculation of paternity. Failure of the
1046 mother to make the child available may not result in a determination that the presumed father is
1047 not the father, but shall allow for appropriate proceedings to compel the cooperation of the
1048 mother. H. [
1048a and H. the tribunal addresses the issue and enters .H an order H. [
1049 the parties are estopped from raising the issue again, and the order of the tribunal may not be
1050 challenged on the basis of material mistake of fact.
1052 motion seeking an order for genetic testing or a decision to disregard genetic test results shall
1053 be based on a preponderance of the evidence.
1054 (c) If the mother seeks to rebut the presumption of paternity, the mother has the burden
1055 to show by a preponderance of the evidence that it would be in the best interests of the child to
1056 disestablish the parent-child relationship.
1057 (2) For the presumption outside of marriage described in Subsection 78-45g-204 (1)(d),
1058 the presumption may be rebutted at any time if the tribunal determines that the presumed father
1059 and the mother of the child neither cohabited nor engaged in sexual intercourse with each other
1060 during the probable time of conception.
1061 (3) The presumption may be rebutted by:
1062 (a) genetic test results that exclude the presumed father;
1063 (b) genetic test results that rebuttably identify another man as the father in accordance
1064 with Section 78-45g-505 ;
1065 (c) evidence that the presumed father and the mother of the child neither cohabited nor
1066 engaged in sexual intercourse with each other during the probable time of conception; or
1067 (d) an adjudication under this part.
1068 (4) There is no presumption to rebut if the presumed father was properly served and
1069 there has been a final adjudication of the issue.
1070 Section 66. Section 78-45g-608 is enacted to read:
1071 78-45g-608. Authority to deny motion for genetic testing or disregard test results.
1072 (1) In a proceeding to adjudicate the parentage of a child having a presumed father or
1073 to challenge the paternity of a child having a declarant father, the tribunal may deny a motion
1074 seeking an order for genetic testing of the mother, the child, and the presumed or declarant
1075 father, or if testing has been completed, the tribunal may disregard genetic test results that
1076 exclude the presumed or declarant father if the tribunal determines that:
1077 (a) the conduct of the mother or the presumed or declarant father estops that party from
1078 denying parentage; and
1079 (b) it would be inequitable to disrupt the father-child relationship between the child
1080 and the presumed or declarant father.
1081 (2) In determining whether to deny a motion seeking an order for genetic testing or to
1083 the child, including the following factors:
1084 (a) the length of time between the proceeding to adjudicate parentage and the time that
1085 the presumed or declarant father was placed on notice that he might not be the genetic father;
1086 (b) the length of time during which the presumed or declarant father has assumed the
1087 role of father of the child;
1088 (c) the facts surrounding the presumed or declarant father's discovery of his possible
1090 (d) the nature of the relationship between the child and the presumed or declarant
1092 (e) the age of the child;
1093 (f) the harm that may result to the child if presumed or declared paternity is
1094 successfully disestablished;
1095 (g) the nature of the relationship between the child and any alleged father;
1096 (h) the extent to which the passage of time reduces the chances of establishing the
1097 paternity of another man and a child-support obligation in favor of the child; and
1098 (i) other factors that may affect the equities arising from the disruption of the
1099 father-child relationship between the child and the presumed or declarant father or the chance
1100 of other harm to the child.
1101 (3) If the tribunal denies a motion seeking an order for genetic testing or disregards
1102 genetic test results that exclude the presumed or declarant father, it shall issue an order
1103 adjudicating the presumed or declarant father to be the father of the child.
1104 Section 67. Section 78-45g-609 is enacted to read:
1105 78-45g-609. Limitation -- Child having declarant father.
1106 (1) If a child has a declarant father, a signatory to the declaration of paternity or denial
1107 of paternity or a support-enforcement agency may commence a proceeding seeking to rescind
1108 the declaration or denial or challenge the paternity of the child only within the time allowed
1109 under Section 78-45g-306 or 78-45g-307 .
1110 (2) A proceeding under this section is subject to the application of the principles of
1111 estoppel established in Section 78-45g-608 .
1112 Section 68. Section 78-45g-610 is enacted to read:
1114 (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
1115 parentage may be joined with a proceeding for adoption, termination of parental rights, child
1116 custody or visitation, child support, divorce, annulment, legal separation or separate
1117 maintenance, probate or administration of an estate, or other appropriate proceeding.
1118 (2) A respondent may not join a proceeding described in Subsection (1) with a
1119 proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.
1120 Section 69. Section 78-45g-611 is enacted to read:
1121 78-45g-611. Proceeding before birth.
1122 A proceeding to determine parentage may be commenced before the birth of the child,
1123 but may not be concluded until after the birth of the child. The following actions may be taken
1124 before the birth of the child:
1125 (1) service of process;
1126 (2) discovery; and
1127 (3) except as prohibited by Section 78-45g-502 , collection of specimens for genetic
1129 Section 70. Section 78-45g-612 is enacted to read:
1130 78-45g-612. Child as party -- Representation.
1131 (1) A minor child is a permissible party, but is not a necessary party to a proceeding
1132 under this part.
1133 (2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated
1134 child if the child is a party or the tribunal finds that the interests of the child are not adequately
1136 Section 71. Section 78-45g-613 is enacted to read:
1137 78-45g-613. Admissibility of results of genetic testing -- Expenses.
1138 (1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert
1139 is admissible as evidence of the truth of the facts asserted in the report unless a party objects to
1140 its admission within 14 days after its receipt by the objecting party and cites specific grounds
1141 for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The
1142 admissibility of the report is not affected by whether the testing was performed:
1143 (a) voluntarily or pursuant to an order of the tribunal; or
1145 (2) A party objecting to the results of genetic testing may call one or more
1146 genetic-testing experts to testify in person or by telephone, video conference, deposition, or
1147 another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party
1148 offering the testimony bears the expense for the expert testifying.
1149 (3) If a child has a presumed or declarant father, the results of genetic testing are
1150 inadmissible to adjudicate parentage unless performed:
1151 (a) pursuant to Section 78-45g-503 ;
1152 (b) within the time periods set forth in this chapter; and
1153 (c) pursuant to a tribunal order or administrative process; or
1154 (d) with the consent of both the mother and the presumed or declarant father.
1155 (4) If a child has an adjudicated father, the results of genetic testing are inadmissible to
1156 challenge paternity except as set forth in Sections 78-45g-607 and 78-45g-608 .
1157 (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the
1158 mother and child which are furnished to the adverse party not less than ten days before the date
1159 of a hearing are admissible to establish:
1160 (a) the amount of the charges billed; and
1161 (b) that the charges were reasonable, necessary, and customary.
1162 Section 72. Section 78-45g-614 is enacted to read:
1163 78-45g-614. Consequences of failing to submit to genetic testing.
1164 (1) An order for genetic testing is enforceable by contempt.
1165 (2) If an individual whose paternity is being determined fails to submit to genetic
1166 testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to
1167 the position of that individual.
1168 (3) Genetic testing of the mother of a child is not a condition precedent to testing the
1169 child and a man whose paternity is being determined. If the mother is unavailable or fails to
1170 submit to genetic testing, the tribunal may order the testing of the child and every man who is
1171 potentially the father of the child.
1172 Section 73. Section 78-45g-615 is enacted to read:
1173 78-45g-615. Admission of paternity authorized.
1174 (1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of
1176 when making an appearance or during a hearing.
1177 (2) If the tribunal finds that the admission of paternity satisfies the requirements of this
1178 section and finds that there is no reason to question the admission, the tribunal shall issue an
1179 order adjudicating the child to be the child of the man admitting paternity.
1180 Section 74. Section 78-45g-616 is enacted to read:
1181 78-45g-616. Temporary order.
1182 (1) In a proceeding under this part, the tribunal shall issue a temporary order for
1183 support of a child if the order is appropriate and the individual ordered to pay support is:
1184 (a) a presumed father of the child;
1185 (b) petitioning to have his paternity adjudicated;
1186 (c) identified as the father through genetic testing under Section 78-45g-505 ;
1187 (d) an alleged father who has failed to submit to genetic testing;
1188 (e) shown by clear and convincing evidence to be the father of the child; or
1189 (f) the mother of the child.
1190 (2) A temporary tribunal order may include provisions for custody and visitation as
1191 provided by other laws of this state.
1192 Section 75. Section 78-45g-617 is enacted to read:
1193 78-45g-617. Rules for adjudication of paternity.
1194 The tribunal shall apply the following rules to adjudicate the paternity of a child:
1195 (1) The paternity of a child having a presumed, declarant, or adjudicated father may be
1196 disproved only by admissible results of genetic testing excluding that man as the father of the
1197 child or identifying another man as the father of the child.
1198 (2) Unless the results of genetic testing are admitted to rebut other results of genetic
1199 testing, a man identified as the father of a child under Section 78-45g-505 must be adjudicated
1200 the father of the child, unless an exception is granted under Section 78-45g-608 .
1201 (3) If the tribunal finds that genetic testing under Section 78-45g-505 neither identifies
1202 nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that
1203 event, the tribunal shall order further testing.
1204 (4) Unless the results of genetic testing are admitted to rebut other results of genetic
1205 testing, a man properly excluded as the father of a child by genetic testing must be adjudicated
1207 Section 76. Section 78-45g-618 is enacted to read:
1208 78-45g-618. Adjudication of parentage -- Jury trial prohibited.
1209 A jury trial is prohibited to adjudicate paternity of a child.
1210 Section 77. Section 78-45g-619 is enacted to read:
1211 78-45g-619. Adjudication of parentage -- Hearings -- Inspection of records.
1212 (1) On request of a party and for good cause shown, the tribunal may close a
1213 proceeding under this part.
1214 (2) A final order in a proceeding under this part is available for public inspection.
1215 Other papers and records are available only with the consent of the parties or on order of the
1216 tribunal for good cause.
1217 Section 78. Section 78-45g-620 is enacted to read:
1218 78-45g-620. Adjudication of parentage -- Order on default.
1219 The tribunal shall issue an order adjudicating the paternity of a man who:
1220 (1) after service of process, is in default; and
1221 (2) is found by the tribunal to be the father of a child.
1222 Section 79. Section 78-45g-621 is enacted to read:
1223 78-45g-621. Adjudication of parentage -- Dismissal for want of prosecution.
1224 The tribunal may issue an order dismissing a proceeding commenced under this chapter
1225 for want of prosecution only without prejudice. An order of dismissal for want of prosecution
1226 purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
1227 Section 80. Section 78-45g-622 is enacted to read:
1228 78-45g-622. Order adjudicating parentage.
1229 (1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to
1230 be the father is the parent of the child.
1231 (2) An order adjudicating parentage must identify the child by name and date of birth.
1232 (3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees,
1233 reasonable attorney's fees, fees for genetic testing, other costs, necessary travel, and other
1234 reasonable expenses incurred in a proceeding under this part. The tribunal may award
1235 attorney's fees, which may be paid directly to the attorney, who may enforce the order in the
1236 attorney's own name.
House Committee Amendments 2-14-2005 dd/ecm(4) The tribunal may not assess fees, costs, or expenses against the
1238 support-enforcement agency of this state or another state, except as provided by law.
1239 (5) On request of a party and for good cause shown, the tribunal may order that the
1240 name of the child be changed.
1241 (6) If the order of the tribunal is at variance with the child's birth certificate, the
1242 tribunal shall order the Office of Vital Records to issue an amended birth registration.
1243 Section 81. Section 78-45g-623 is enacted to read:
1244 78-45g-623. Binding effect of determination of parentage.
1245 (1) Except as otherwise provided in Subsection (2), a determination of parentage is
1246 binding on:
1247 (a) all signatories to a declaration or denial of paternity as provided in Part 3,
1248 Voluntary Declaration of Paternity; and
1249 (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
1250 the jurisdictional requirements of Section 78-45f-201 .
1251 (2) A child is not bound by a determination of parentage under this chapter unless:
1252 (a) the determination was based on an unrescinded declaration of paternity and the
1253 declaration is consistent with the results of genetic testing;
1254 (b) the adjudication of parentage was based on a finding consistent with the results of
1255 genetic testing and the consistency is declared in the determination or is otherwise shown; or
1256 (c) the child was a party or was represented in the proceeding determining parentage by
1257 a guardian ad litem.
1258 (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
1259 adjudication of the parentage of a child if H. the question of paternity is raised and the tribunal
1259a adjudicates according to Part 6, Adjudication of Parentage, and .H the final order:
1260 (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
1261 similar words indicating that the husband is the father of the child; or
1262 (b) provides for support of the child by the husband unless paternity is specifically
1263 disclaimed in the order.
1264 (4) The tribunal is not considered to have made an adjudication of the parentage of a
1265 child if the child was born at the time of entry of the order and other children are named as
1266 children of the marriage, but that child is specifically not named.
1267 (5) Once the paternity of a child has been adjudicated, an individual who was not a
House Committee Amendments 2-14-2005 dd/ecmparty to the paternity proceeding may not challenge the paternity, unless:
1269 (a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
1270 (b) the challenger can demonstrate by clear and convincing evidence that the challenger
1271 did not know about the adjudicatory proceeding or did not have a reasonable opportunity to
1272 know of the proceeding; and
1273 (c) there would be H. [
1274 (6) A party to an adjudication of paternity may challenge the adjudication only under
1275 law of this state relating to appeal, vacation of judgments, or other judicial review.
1276 Section 82. Section 78-45g-701 is enacted to read:
1278 78-45g-701. Scope.
1279 This part does not apply to the birth of a child conceived by means of sexual
1280 intercourse, or as result of a gestational agreement as provided in Part 8, Gestational
1282 Section 83. Section 78-45g-702 is enacted to read:
1283 78-45g-702. Parental status of donor.
1284 A donor is not a parent of a child conceived by means of assisted reproduction.
1285 Section 84. Section 78-45g-703 is enacted to read:
1286 78-45g-703. Husband's paternity of child of assisted reproduction.
1287 If a husband provides sperm for, or consents to, assisted reproduction by his wife as
1288 provided in Section 78-45g-704 , he is the father of a resulting child born to his wife.
1289 Section 85. Section 78-45g-704 is enacted to read:
1290 78-45g-704. Consent to assisted reproduction.
1291 (1) A consent to assisted reproduction by a married woman must be in a record signed
1292 by the woman and her husband. This requirement does not apply to the donation of eggs for
1293 assisted reproduction by another woman.
1294 (2) Failure of the husband to sign a consent required by Subsection (1), before or after
1295 the birth of the child, does not preclude a finding that the husband is the father of a child born
1296 to his wife if the wife and husband openly treat the child as their own.
1297 Section 86. Section 78-45g-705 is enacted to read:
1298 78-45g-705. Limitation on husband's dispute of paternity.
1300 birth to a child by means of assisted reproduction may not challenge his paternity of the child
1302 (a) within two years after learning of the birth of the child he commences a proceeding
1303 to adjudicate his paternity; and
1304 (b) the tribunal finds that he did not consent to the assisted reproduction, before or after
1305 the birth of the child.
1306 (2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal
1307 determines that:
1308 (a) the husband did not provide sperm for, or before or after the birth of the child
1309 consent to, assisted reproduction by his wife;
1310 (b) the husband and the mother of the child have not cohabited since the probable time
1311 of assisted reproduction; and
1312 (c) the husband never openly treated the child as his own.
1313 (3) The limitation provided in this section applies to a marriage declared invalid after
1314 assisted reproduction.
1315 Section 87. Section 78-45g-706 is enacted to read:
1316 78-45g-706. Effect of dissolution of marriage.
1317 (1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the
1318 former spouse is not a parent of the resulting child unless the former spouse consented in a
1319 record that if assisted reproduction were to occur after a divorce, the former spouse would be a
1320 parent of the child.
1321 (2) The consent of the former spouse to assisted reproduction may be revoked by that
1322 individual in a record at any time before placement of eggs, sperm, or embryos.
1323 Section 88. Section 78-45g-707 is enacted to read:
1324 78-45g-707. Parental status of deceased spouse.
1325 If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
1326 not a parent of the resulting child unless the deceased spouse consented in a record that if
1327 assisted reproduction were to occur after death, the deceased spouse would be a parent of the
1329 Section 89. Section 78-45g-801 is enacted to read:
House Floor Amendments 2-16-2005 ch/ecm
House Committee Amendments 2-14-2005 dd/ecm
1331 78-45g-801. Gestational agreement authorized.
1332 (1) A prospective gestational mother, her husband if she is married, a donor or the
1333 donors, and the intended parents may enter into a written agreement providing that:
1334 (a) the prospective gestational mother agrees to pregnancy by means of assisted
1336 (b) the prospective gestational mother, her husband if she is married, and the donors
1337 relinquish all rights and duties as the parents of a child conceived through assisted
1338 reproduction; and
1339 (c) the intended parents become the parents of the child.
1339a H. (2) The intended gestational mother may not currently be receiving Medicaid or any
1339b other state assistance. .H
1340 H. [
1341 gestational agreement.
1342 H. [
1343 78-45g-803 .
1344 H. [
1345 of sexual intercourse H. or if neither intended parent is a donor .H .
1345a H. (6) The parties to a gestational agreement shall be 21 years of age or older.
1345b (7) The gestational mother's eggs may not be used in the assisted reproduction
1345d (8) If the gestational mother is married, her husband's sperm may not be used in the
1345e assisted reproduction procedure. .H
1346 Section 90. Section 78-45g-802 is enacted to read:
1347 78-45g-802. Requirements of petition.
1348 (1) The intended parents and the prospective gestational mother may file a petition in
1349 the district tribunal to validate a gestational agreement.
1350 (2) A petition to validate a gestational agreement may not be maintained unless either
1351 the mother or intended parents have been residents of this state for at least 90 days.
1352 (3) The prospective gestational mother's husband, if she is married, must join in the
1354 (4) A copy of the gestational agreement must be attached to the petition.
1355 Section 91. Section 78-45g-803 is enacted to read:
1356 78-45g-803. Hearing to validate gestational agreement.
House Floor Amendments 2-16-2005 ch/ecm(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
1358 validating the gestational agreement and declaring that the intended parents will be the parents
1359 of a child born during the term of the agreement.
1360 (2) The tribunal may issue an order under Subsection (1) only on finding that:
House Floor Amendments 2-16-2005 ch/ecm
House Committee Amendments 2-14-2005 dd/ecm(a) the residence requirements of Section 78-45g-802 have been satisfied and the
1362 parties have submitted to jurisdiction of the tribunal under the jurisdictional standards of this
1364 (b) medical evidence shows that the intended mother is unable to bear a child or is
1365 unable to do so without unreasonable risk to her physical or mental health or to the unborn
1367 (c) unless waived by the tribunal, a home study of the intended parents has been
1368 conducted in accordance with Section 78-30-3.5 , and the intended parents meet the standards
1369 of fitness applicable to adoptive parents;
1369a H. (d) all parties have participated in counseling with a licensed mental health
1369b professional as evidenced by a certificate signed by the licensed mental health professional
1369c which affirms that all parties have discussed options and consequences of the agreement and
1369d presented to the tribunal;
1371 H. [
1371a delivery and
1372 her bearing another child will not pose an unreasonable health risk to the unborn child or to the
1373 physical or mental health of the prospective gestational mother;
1374 H. [
1375 with the gestational agreement until the birth of the child, including responsibility for those
1376 expenses if the agreement is terminated; H. [
1377a reasonable H. ;
1377b (i) all the parties to the agreement are 21 years of age or older;
1377c (j) the gestational mother's eggs are not being used in the assisted reproduction
1377d procedure; and
1377e (k) if the gestational mother is married, her husband's sperm is not being used in the
1377f assisted reproduction procedure .H .
1378 (3) Whether to validate a gestational agreement is within the discretion of the tribunal,
1379 subject only to review for abuse of discretion.
1380 Section 92. Section 78-45g-804 is enacted to read:
1381 78-45g-804. Inspection of records.
House Floor Amendments 2-16-2005 ch/ecm
House Committee Amendments 2-14-2005 dd/ecmThe proceedings, records, and identities of the individuals to a gestational agreement
1383 under this part are subject to inspection under the confidentiality standards applicable to
1384 adoptions as provided under other laws of this state.
1385 Section 93. Section 78-45g-805 is enacted to read:
1386 78-45g-805. Exclusive, continuing jurisdiction.
1387 Subject to the jurisdictional standards of Section 78-45c-201 , the tribunal conducting a
1388 proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the
1389 gestational agreement until a child born to the gestational mother during the period governed
1390 by the agreement attains the age of 180 days.
1391 Section 94. Section 78-45g-806 is enacted to read:
1393 (1) After issuance of an order under this part, but before the prospective gestational
1394 mother becomes pregnant by means of assisted reproduction, the prospective gestational
1395 mother, her husband, or either of the intended parents may terminate the gestational agreement
1396 only by giving written notice of termination to all other parties.
1397 (2) The tribunal for good cause shown also may terminate the gestational agreement.
1398 (3) An individual who terminates an agreement shall file notice of the termination with
1399 the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
1400 An individual who does not notify the tribunal of the termination of the agreement is subject to
1401 appropriate sanctions.
1402 (4) Neither a prospective gestational mother nor her husband, if any, is liable to the
1403 intended parents for terminating an agreement pursuant to this section.
1404 Section 95. Section 78-45g-807 is enacted to read:
1405 78-45g-807. Parentage under validated gestational agreement.
1406 (1) Upon birth of a child to a gestational mother, the intended parents shall file notice
1407 with the tribunal that a child has been born to the gestational mother within 300 days after
1408 assisted reproduction. Thereupon, the tribunal shall issue an order:
1409 (a) confirming that the intended parents are the parents of the child;
1410 (b) if necessary, ordering that the child be surrendered to the intended parents; and
1411 (c) directing the Office of Vital Records to issue a birth certificate naming the intended
1412 parents as parents of the child.
1413 (2) If the parentage of a child born to the gestational mother is in dispute as not the
1414 result of an assisted reproduction, the tribunal shall order genetic testing to determine the
1415 parentage of the child.
1416 Section 96. Section 78-45g-808 is enacted to read:
1417 78-45g-808. Gestational agreement -- Miscellaneous provisions.
1418 (1) A gestational agreement may provide for payment of consideration.
1419 (2) A gestational agreement may not limit the right of the gestational mother to make
1420 decisions to safeguard her health or that of the embryo or fetus.
1421 (3) After the issuance of an order under this part, subsequent marriage of the
1422 gestational mother does not affect the validity of a gestational agreement, and her husband's
1425 Section 97. Section 78-45g-809 is enacted to read:
1426 78-45g-809. Effect of nonvalidated gestational agreement.
1427 (1) A gestational agreement, whether in a record or not, which is not validated by a
1428 tribunal is not enforceable.
1429 (2) If a birth results under a gestational agreement that is not judicially validated as
1430 provided in this part, the parent-child relationship is determined as provided in Part 2,
1431 Parent-child Relationship.
1432 (3) The individuals who are parties to a nonvalidated gestational agreement as intended
1433 parents may be held liable for support of the resulting child, even if the agreement is otherwise
1434 unenforceable. The liability under this Subsection (3) includes assessing all expenses and fees
1435 as provided in Section 78-45g-622 .
1436 Section 98. Section 78-45g-901 is enacted to read:
1438 78-45g-901. Uniformity of application and construction.
1439 This chapter is a uniform law. In applying and construing this chapter, consideration
1440 shall be given to the need to promote uniformity of the law with respect to its subject matter
1441 among the states that enact it.
1442 Section 99. Section 78-45g-902 is enacted to read:
1443 78-45g-902. Transitional provision.
1444 A proceeding to adjudicate parentage which was commenced before May 1, 2005 is
1445 governed by the law in effect at the time the proceeding was commenced.
1446 Section 100. Repealer.
1447 This bill repeals:
1448 Section 76-7-204, Prohibition of surrogate parenthood agreements -- Status of
1449 child -- Basis of custody.
1450 Section 78-45a-1, Obligations of the father.
1451 Section 78-45a-2, Determination of paternity -- Effect -- Enforcement.
1452 Section 78-45a-3, Limitation on recovery from the father.
1453 Section 78-45a-4, Limitations on recovery from father's estate.
House Committee Amendments 2-14-2005 dd/ecm
Senate Committee Amendments 1-20-2005 rd/ecmSection 78-45a-5, Remedies.
1455 Section 78-45a-6, Time of trial.
1456 Section 78-45a-6.5, Standard of proof.
1457 Section 78-45a-7, Authority for genetic testing.
1458 Section 78-45a-10, Effect of genetic test results.
1459 Section 78-45a-10.5, Parent-time rights of father.
1460 Section 78-45a-11, Judgment.
1461 Section 78-45a-11.5, Social security number in court records.
1462 Section 78-45a-12, Security.
1463 Section 78-45a-13, Settlement agreements.
1464 Section 78-45a-14, Venue.
1465 Section 78-45a-15, Uniformity of interpretation.
1466 Section 78-45a-16, Short title.
1467 Section 78-45a-17, Operation of act.
1468 Section 78-45e-1, Chapter title.
1469 Section 78-45e-2, Voluntary declaration of paternity.
1470 Section 78-45e-4, Rescission of the declaration.
1471 H. [
1472 S [If approved by two-thirds of all members elected to each house, this bill takes effect
1473 upon approval by the governor, or the day following the constitutional time limit of Utah
1474 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
1475 the date of veto override.] THIS BILL TAKES EFFECT ON JANUARY 1, 2006 s
Legislative Review Note
as of 12-7-04 8:44 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-08-04 1:30 PM
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
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