S.B. 14 Enrolled

UNIFORM PARENTAGE ACT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: Lorie D. Fowlke

LONG TITLE
General Description:
This bill enacts the Utah Uniform Parentage Act.
Highlighted Provisions:
This bill:
. sets out guidelines for determining and declaring paternity;
. provides mechanisms for registering paternity;
. sets specific guidelines for surrogacy and assisted reproduction arrangements;
. provides conditions under which genetic testing may be requested or required;
. provides direction for state offices concerning adjudication of parentage and the
filing and issuance of birth certificates;
. sets penalties for unauthorized release of information; and
. sets responsibilities for all parties when the parentage of a child is in question.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-2-2, as last amended by Chapter 176, Laws of Utah 2003
26-2-5, as last amended by Chapter 176, Laws of Utah 2003
30-1-17.2, as last amended by Chapter 255, Laws of Utah 2001
75-2-114, as repealed and reenacted by Chapter 39, Laws of Utah 1998

78-30-4.13, as last amended by Chapter 122, Laws of Utah 2004
ENACTS:
78-45g-101, Utah Code Annotated 1953
78-45g-102, Utah Code Annotated 1953
78-45g-103, Utah Code Annotated 1953
78-45g-104, Utah Code Annotated 1953
78-45g-105, Utah Code Annotated 1953
78-45g-106, Utah Code Annotated 1953
78-45g-107, Utah Code Annotated 1953
78-45g-108, Utah Code Annotated 1953
78-45g-109, Utah Code Annotated 1953
78-45g-110, Utah Code Annotated 1953
78-45g-111, Utah Code Annotated 1953
78-45g-112, Utah Code Annotated 1953
78-45g-113, Utah Code Annotated 1953
78-45g-114, Utah Code Annotated 1953
78-45g-115, Utah Code Annotated 1953
78-45g-201, Utah Code Annotated 1953
78-45g-202, Utah Code Annotated 1953
78-45g-203, Utah Code Annotated 1953
78-45g-204, Utah Code Annotated 1953
78-45g-301, Utah Code Annotated 1953
78-45g-302, Utah Code Annotated 1953
78-45g-303, Utah Code Annotated 1953
78-45g-304, Utah Code Annotated 1953
78-45g-305, Utah Code Annotated 1953
78-45g-306, Utah Code Annotated 1953
78-45g-307, Utah Code Annotated 1953

78-45g-308, Utah Code Annotated 1953
78-45g-309, Utah Code Annotated 1953
78-45g-310, Utah Code Annotated 1953
78-45g-311, Utah Code Annotated 1953
78-45g-312, Utah Code Annotated 1953
78-45g-313, Utah Code Annotated 1953
78-45g-401, Utah Code Annotated 1953
78-45g-402, Utah Code Annotated 1953
78-45g-403, Utah Code Annotated 1953
78-45g-404, Utah Code Annotated 1953
78-45g-405, Utah Code Annotated 1953
78-45g-406, Utah Code Annotated 1953
78-45g-407, Utah Code Annotated 1953
78-45g-408, Utah Code Annotated 1953
78-45g-409, Utah Code Annotated 1953
78-45g-410, Utah Code Annotated 1953
78-45g-501, Utah Code Annotated 1953
78-45g-502, Utah Code Annotated 1953
78-45g-503, Utah Code Annotated 1953
78-45g-504, Utah Code Annotated 1953
78-45g-505, Utah Code Annotated 1953
78-45g-506, Utah Code Annotated 1953
78-45g-507, Utah Code Annotated 1953
78-45g-508, Utah Code Annotated 1953
78-45g-509, Utah Code Annotated 1953
78-45g-510, Utah Code Annotated 1953
78-45g-511, Utah Code Annotated 1953
78-45g-601, Utah Code Annotated 1953

78-45g-602, Utah Code Annotated 1953
78-45g-603, Utah Code Annotated 1953
78-45g-604, Utah Code Annotated 1953
78-45g-605, Utah Code Annotated 1953
78-45g-606, Utah Code Annotated 1953
78-45g-607, Utah Code Annotated 1953
78-45g-608, Utah Code Annotated 1953
78-45g-609, Utah Code Annotated 1953
78-45g-610, Utah Code Annotated 1953
78-45g-611, Utah Code Annotated 1953
78-45g-612, Utah Code Annotated 1953
78-45g-613, Utah Code Annotated 1953
78-45g-614, Utah Code Annotated 1953
78-45g-615, Utah Code Annotated 1953
78-45g-616, Utah Code Annotated 1953
78-45g-617, Utah Code Annotated 1953
78-45g-618, Utah Code Annotated 1953
78-45g-619, Utah Code Annotated 1953
78-45g-620, Utah Code Annotated 1953
78-45g-621, Utah Code Annotated 1953
78-45g-622, Utah Code Annotated 1953
78-45g-623, Utah Code Annotated 1953
78-45g-701, Utah Code Annotated 1953
78-45g-702, Utah Code Annotated 1953
78-45g-703, Utah Code Annotated 1953
78-45g-704, Utah Code Annotated 1953
78-45g-705, Utah Code Annotated 1953
78-45g-706, Utah Code Annotated 1953

78-45g-707, Utah Code Annotated 1953
78-45g-801, Utah Code Annotated 1953
78-45g-802, Utah Code Annotated 1953
78-45g-803, Utah Code Annotated 1953
78-45g-804, Utah Code Annotated 1953
78-45g-805, Utah Code Annotated 1953
78-45g-806, Utah Code Annotated 1953
78-45g-807, Utah Code Annotated 1953
78-45g-808, Utah Code Annotated 1953
78-45g-809, Utah Code Annotated 1953
78-45g-901, Utah Code Annotated 1953
78-45g-902, Utah Code Annotated 1953
REPEALS:
76-7-204, as last amended by Chapters 116 and 241, Laws of Utah 1991
78-45a-1, as last amended by Chapter 245, Laws of Utah 1990
78-45a-2, as last amended by Chapter 232, Laws of Utah 1997
78-45a-3, as enacted by Chapter 158, Laws of Utah 1965
78-45a-4, as enacted by Chapter 158, Laws of Utah 1965
78-45a-5, as last amended by Chapter 274, Laws of Utah 1998
78-45a-6, as enacted by Chapter 158, Laws of Utah 1965
78-45a-6.5, as last amended by Chapter 232, Laws of Utah 1997
78-45a-7, as last amended by Chapter 176, Laws of Utah 2003
78-45a-10, as repealed and reenacted by Chapter 232, Laws of Utah 1997
78-45a-10.5, as last amended by Chapter 255, Laws of Utah 2001
78-45a-11, as enacted by Chapter 158, Laws of Utah 1965
78-45a-11.5, as enacted by Chapter 232, Laws of Utah 1997
78-45a-12, as enacted by Chapter 158, Laws of Utah 1965
78-45a-13, as enacted by Chapter 158, Laws of Utah 1965

78-45a-14, as enacted by Chapter 158, Laws of Utah 1965
78-45a-15, as enacted by Chapter 158, Laws of Utah 1965
78-45a-16, as enacted by Chapter 158, Laws of Utah 1965
78-45a-17, as enacted by Chapter 158, Laws of Utah 1965
78-45e-1, as enacted by Chapter 127, Laws of Utah 1994
78-45e-2, as last amended by Chapter 176, Laws of Utah 2003
78-45e-4, as last amended by Chapter 176, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-2-2 is amended to read:
26-2-2. Definitions.
As used in this chapter:
(1) "Dead body" or "decedent" means a human body or parts of the human body from the
condition of which it reasonably may be concluded that death occurred.
(2) "Dead fetus" means a product of human conception:
(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
period began to the date of delivery; and
(b) that was not born alive.
(3) "Declarant father" means a male who[, with the biological mother, declares that he is
the father of a child conceived as a result of sexual intercourse with the mother] claims to be the
genetic father of a child, and, along with the biological mother, signs a voluntary declaration of
paternity to establish the child's paternity.
(4) "File" means the submission of a completed certificate or other similar document,
record, or report as provided under this chapter for registration by the state registrar or a local
registrar.
(5) "Funeral director" or "person acting as the funeral director" means the person who
takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and arranges
for its final disposition, and includes:

(a) a licensed funeral director;
(b) a representative of a hospital which is making final disposition; or
(c) another person assuming responsibility for the final disposition of the remains.
(6) "Health care facility" has the same definition as in Section 26-21-2 .
(7) "Live birth" means the birth of a child who shows evidence of life after it is entirely
outside of the mother.
(8) "Local registrar" means a person appointed under Subsection 26-2-3 (2)(b).
(9) "Physician" means a person licensed to practice as a physician or osteopath in this
state under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic
Medical Practice Act.
(10) "[Presumptive] Presumed father" means the father of a child conceived or born
during a marriage as defined in Section 30-1-17.2 .
(11) "Registration" or "register" means acceptance by the local or state registrar of a
certificate and incorporation of it into the permanent records of the state.
(12) "State registrar" means the state registrar of vital records appointed under
Subsection 26-2-3 (1)(e).
(13) "Vital records" means registered certificates or reports of birth, death, fetal death,
marriage, divorce, dissolution of marriage, or annulment, amendments to any of these registered
certificates or reports, and other similar documents.
(14) "Vital statistics" means the data derived from registered certificates and reports of
birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
marriage, or annulment.
Section 2. Section 26-2-5 is amended to read:
26-2-5. Birth certificates -- Execution and registration requirements.
(1) As used in this section, "birthing facility" means a general acute hospital or birthing
center as defined in Section 26-21-2 .
(2) For each live birth occurring in the state, a certificate shall be filed with the local
registrar for the district in which the birth occurred within ten days following the birth. The

certificate shall be registered if it is completed and filed in accordance with this chapter.
(3) (a) For each live birth that occurs in a birthing facility, the administrator of the
birthing facility, or his designee, shall obtain and enter the information required under this
chapter on the certificate, securing the required signatures, and filing the certificate.
(b) (i) The date, time, place of birth, and required medical information shall be certified
by the birthing facility administrator or his designee.
(ii) The attending physician or nurse midwife may sign the certificate, but if the attending
physician or nurse midwife has not signed the certificate within seven days of the date of birth,
the birthing facility administrator or his designee shall enter the attending physician's or nurse
midwife's name and transmit the certificate to the local registrar.
(iii) The information on the certificate about the parents shall be provided and certified
by the mother or father or, in their incapacity or absence, by a person with knowledge of the
facts.
(4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
completed and filed by the physician, nurse, midwife, or other person primarily responsible for
providing assistance to the mother at the birth. If there is no such person, either the
[presumptive] presumed or declarant father shall complete and file the certificate. In his absence,
the mother shall complete and file the certificate, and in the event of her death or disability, the
owner or operator of the premises where the birth occurred shall do so.
(b) The certificate shall be completed as fully as possible and shall include the date, time,
and place of birth, the mother's name, and the signature of the person completing the certificate.
(5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
administrator or director of that facility, or his designee, shall:
(i) provide the birth mother and declarant father, if present, with:
(A) a voluntary declaration of paternity form published by the state registrar;
(B) oral and written notice to the birth mother and declarant father of the alternatives to,
the legal consequences of, and the rights and responsibilities that arise from signing the
declaration; and

(C) the opportunity to sign the declaration;
(ii) witness the signature of a birth mother or declarant father in accordance with Section
[ 78-45e-3 ] 78-45g-302 if the signature occurs at the [hospital] facility;
(iii) enter the declarant father's information on the original birth certificate, but only if
the mother and [biological] declarant father have signed a voluntary declaration of paternity or a
court or administrative agency has issued an adjudication of paternity; and
(iv) file the completed declaration with the original birth certificate.
(b) If there is a [presumptive] presumed father, the voluntary declaration will only be
valid if the [presumptive] presumed father also signs the voluntary declaration.
(c) The state registrar shall file the information provided on the voluntary declaration of
paternity form with the original birth certificate and may provide certified copies of the
declaration of paternity as otherwise provided under Title 78, [Chapter 45e, Voluntary
Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
(6) (a) The state registrar shall publish a form for the voluntary declaration of paternity, a
description of the process for filing a voluntary declaration of paternity, and of the rights and
responsibilities established or effected by that filing, in accordance with Title 78, [Chapter 45e,
Voluntary Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
(b) Information regarding the form and services related to voluntary paternity
establishment shall be made available to birthing facilities and to any other entity or individual
upon request.
(7) The name of a declarant father may only be included on the birth certificate of a child
of unmarried parents if:
(a) the mother and declarant father have signed a voluntary declaration of paternity; or
(b) a court or administrative agency has issued an adjudication of paternity.
(8) Voluntary declarations of paternity, adjudications of paternity by judicial or
administrative agencies, and voluntary rescissions of paternity shall be filed with and maintained
by the state registrar for the purpose of comparing information with the state case registry
maintained by the Office of Recovery Services pursuant to Section 62A-11-104 .

Section 3. Section 30-1-17.2 is amended to read:
30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
property, and children -- Presumption of paternity in marriage.
(1) If the parties have accumulated any property or acquired any obligations subsequent
to the marriage, if there is a genuine need arising from an economic change of circumstances due
to the marriage, or if there are children born or expected, the court may make temporary and final
orders, and subsequently modify the orders, relating to the parties, their property and obligations,
the children and their custody and parent-time, and the support and maintenance of the parties
and children, as may be equitable.
[(2) Except as provided in Section 78-45a-1 , children born to the parties after the date of
their marriage shall be deemed the legitimate children of both of the parties.]
(2) A man is presumed to be the father of a child if:
(a) he and the mother of the child are married to each other and the child is born during
the marriage;
(b) he and the mother of the child were married to each other and the child is born within
300 days after the marriage is terminated by death, annulment, declaration of invalidity, or
divorce, or after a decree of separation;
(c) before the birth of the child, he and the mother of the child married each other in
apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
and the child is born during the invalid marriage or within 300 days after its termination by death,
annulment, declaration of invalidity, or divorce, or after a decree of separation; or
(d) after the birth of the child, he and the mother of the child have married each other in
apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he
voluntarily asserted his paternity of the child, and there is no other presumptive father of the
child, and:
(i) the assertion is in a record filed with the state registrar;
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
(iii) he promised in a record to support the child as his own.

(3) If the child was born at the time of entry of a divorce decree, other children are
named as children of the marriage, but that child is specifically not named, the husband is not
presumed to be the father of the child not named in the order.
(4) A presumption of paternity established under this section may only be rebutted in
accordance with Section 78-45g-607 .
(5) A final order or decree issued by a tribunal in which paternity is adjudicated, may not
be set aside unless the court finds that one of the parties perpetrated a fraud in the establishment
of the paternity and another party did not know or could not reasonably have known of the fraud
at the time of the entry of the order. The party who committed the fraud may not bring the
action.
Section 4. Section 75-2-114 is amended to read:
75-2-114. Parent and child relationship.
(1) Except as provided in Subsections (2) and (3), for purposes of intestate succession by,
through, or from a person, an individual is the child of the individual's natural parents, regardless
of their marital status. The parent and child relationship may be established as provided in
[Sections 78-45a-7 , 78-45a-10 , and Title 78, Chapter 45a, Uniform Act on Paternity] Title 78,
Chapter 45g, Utah Uniform Parentage Act.
(2) An adopted individual is the child of the adopting parent or parents and not of the
natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
(a) the relationship between the child and that natural parent; or
(b) the right of the child or a descendant of the child to inherit from or through the other
natural parent.
(3) Inheritance from or through a child by either natural parent or his kindred is
precluded unless that natural parent has openly treated the child as his, and has not refused to
support the child.
Section 5. Section 78-30-4.13 is amended to read:
78-30-4.13. Notice of adoption proceedings.
(1) An unmarried, biological father, by virtue of the fact that he has engaged in a sexual

relationship with a woman, is considered to be on notice that a pregnancy and an adoption
proceeding regarding that child may occur, and has a duty to protect his own rights and interests.
He is therefore entitled to actual notice of a birth or an adoption proceeding with regard to that
child only as provided in this section.
(2) Notice of an adoption proceeding shall be served on each of the following persons:
(a) any person or agency whose consent or relinquishment is required under Section
78-30-4.14 unless that right has been terminated by waiver, relinquishment, consent, or judicial
action;
(b) any person who has initiated a paternity proceeding and filed notice of that action
with the state registrar of vital statistics within the Department of Health, in accordance with
Subsection (3);
(c) any legally appointed custodian or guardian of the adoptee;
(d) the petitioner's spouse, if any, only if he has not joined in the petition;
(e) the adoptee's spouse, if any;
(f) any person who, prior to the time the mother executes her consent for adoption or
relinquishes the child to a licensed child-placing agency, is recorded on the birth certificate as the
child's father, with the knowledge and consent of the mother;
(g) any person who is openly living in the same household with the child at the time the
consent is executed or relinquishment made, and who is holding himself out to be the child's
father; and
(h) any person who is married to the child's mother at the time she executes her consent
to the adoption or relinquishes the child for adoption.
(3) (a) In order to preserve any right to notice and consent, an unmarried, biological
father may initiate proceedings to establish paternity under Title 78, Chapter [45a, Uniform Act
on Paternity] 45g, Utah Uniform Parentage Act, and file a notice of the initiation of those
proceedings with the state registrar of vital statistics within the Department of Health prior to the
mother's execution of consent or her relinquishment to an agency. That action and notice may
also be filed prior to the child's birth.

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

attempts, the court may issue an order providing for service by publication, posting, or by any
other manner of service.
(c) Notice to a person who has initiated a paternity proceeding and filed notice of that
action with the state registrar of vital statistics in the Department of Health in accordance with
the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
the last address filed with the registrar.
(8) The notice required by this section may be waived in writing by the person entitled to
receive notice.
(9) Proof of service of notice on all persons for whom notice is required by this section
shall be filed with the court before the final dispositional hearing on the adoption.
(10) Notwithstanding any other provision of law, neither the notice of an adoption
proceeding nor any process in that proceeding is required to contain the name of the person or
persons seeking to adopt the adoptee.
(11) Except as to those persons whose consent to an adoption is required under Section
78-30-4.14 , the sole purpose of notice under this section is to enable the person served to
intervene in the adoption and present evidence to the court relevant to the best interest of the
child.
Section 6. Section 78-45g-101 is enacted to read:
CHAPTER 45g. UTAH UNIFORM PARENTAGE ACT
Part 1. General Provisions
78-45g-101. Title.
This chapter is known as the "Utah Uniform Parentage Act."
Section 7. Section 78-45g-102 is enacted to read:
78-45g-102. Definitions.
As used in this chapter:
(1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
father of a child.
(2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the

genetic father or a possible genetic father of a child, but whose paternity has not been
determined.
(3) "Assisted reproduction" means a method of causing pregnancy other than sexual
intercourse. The term includes:
(a) intrauterine insemination;
(b) donation of eggs;
(c) donation of embryos;
(d) in vitro fertilization and transfer of embryos; and
(e) intracytoplasmic sperm injection.
(4) "Birth expenses" means all medical costs associated with the birth of a child,
including the related expenses for the biological mother during her pregnancy and delivery.
(5) "Birth mother" means the biological mother of a child.
(6) "Child" means an individual of any age whose parentage may be determined under
this chapter.
(7) "Commence" means to file the initial pleading seeking an adjudication of parentage
in the appropriate tribunal of this state.
(8) "Declarant father" means a male who, along with the biological mother claims to be
the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
paternity.
(9) "Determination of parentage" means the establishment of the parent-child
relationship by the signing of a valid declaration of paternity under Part 3, Voluntary Declaration
of Paternity, or adjudication by a tribunal.
(10) "Donor" means an individual who produces eggs or sperm used for assisted
reproduction, whether or not for consideration. The term does not include:
(a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
reproduction by the wife;
(b) a woman who gives birth to a child by means of assisted reproduction, except as
otherwise provided in Part 8, Gestational Agreement; or

(c) a parent under Part 7, Child of Assisted Reproduction, or an intended parent under
Part 8, Gestational Agreement.
(11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
that an individual identifies as all or part of the individual's ancestry or that is so identified by
other information.
(12) "Financial support" means a base child support award as defined in Section 78-45-2 ,
all past-due support which accrues under an order for current periodic payments, and sum certain
judgments for past-due support.
(13) "Genetic testing" means an analysis of genetic markers to exclude or identify a man
as the father or a woman as the mother of a child. The term includes an analysis of one or a
combination of the following:
(a) deoxyribonucleic acid; or
(b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
serum proteins, or red-cell enzymes.
(14) "Gestational mother" means an adult woman who gives birth to a child under a
gestational agreement.
(15) "Man," as defined in this chapter, means a male individual of any age.
(16) "Medical support" means a provision in a support order that requires the purchase
and maintenance of appropriate insurance for health and dental expenses of dependent children,
and assigns responsibility for uninsured medical expenses.
(17) "Parent" means an individual who has established a parent-child relationship under
Section 78-45g-201 .
(18) "Parent-child relationship" means the legal relationship between a child and a parent
of the child. The term includes the mother-child relationship and the father-child relationship.
(19) "Paternity index" means the likelihood of paternity calculated by computing the
ratio between:
(a) the likelihood that the tested man is the father, based on the genetic markers of the
tested man and child, conditioned on the hypothesis that the tested man is the father of the child;

and
(b) the likelihood that the tested man is not the father, based on the genetic markers of
the tested man and child, conditioned on the hypothesis that the tested man is not the father of the
child and that the father is of the same ethnic or racial group as the tested man.
(20) "Presumed father" means a man who, by operation of law under Section
78-45g-204 , is recognized as the father of a child until that status is rebutted or confirmed as set
forth in this chapter.
(21) "Probability of paternity" means the measure, for the ethnic or racial group to which
the alleged father belongs, of the probability that the man in question is the father of the child,
compared with a random, unrelated man of the same ethnic or racial group, expressed as a
percentage incorporating the paternity index and a prior probability.
(22) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(23) "Signatory" means an individual who authenticates a record and is bound by its
terms.
(24) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, any territory, Native American Tribe, or insular possession subject
to the jurisdiction of the United States.
(25) "Support-enforcement agency" means a public official or agency authorized under
Title IV-D of the Social Security Act which has the authority to seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child support;
(c) determination of parentage; or
(d) location of child-support obligors and their income and assets.
(26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
authorized to establish, enforce, or modify support orders or to determine parentage.
Section 8. Section 78-45g-103 is enacted to read:
78-45g-103. Scope -- Choice of law.

(1) This chapter applies to determinations of parentage in this state.
(2) The tribunal shall apply the law of this state to adjudicate the parent-child
relationship. The applicable law may not depend upon:
(a) the place of birth of the child; or
(b) the past or present residence of the child.
(3) This chapter may not create, enlarge, or diminish parental rights or duties under other
laws of this state.
(4) This chapter does not authorize or prohibit an agreement between a woman and a
man and another woman in which the woman relinquishes all rights as a parent of a child
conceived by means of assisted reproduction, and which provides that the man and other woman
become the parents of the child. If a birth results under such an agreement and the agreement is
unenforceable under the law of this state, the parent-child relationship is determined as provided
in Part 2, Parent-child Relationship.
Section 9. Section 78-45g-104 is enacted to read:
78-45g-104. Adjudication -- Jurisdiction.
(1) The district court, the juvenile court, and the Office of Recovery Services in
accordance with Section 62A-11-304.2 and Title 63, Chapter 46b, Administrative Procedures
Act, are authorized to adjudicate parentage under Parts 1 through 6, and Part 9 of this chapter.
(2) The district court and the juvenile court have jurisdiction over proceedings under
Parts 7 and 8.
Section 10. Section 78-45g-105 is enacted to read:
78-45g-105. Protection of participants.
Proceedings under this chapter are subject to other laws of this state governing the health,
safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure
of identifying information, including address, telephone number, place of employment, Social
Security number, the child's day-care facility, or school.
Section 11. Section 78-45g-106 is enacted to read:
78-45g-106. Determination of maternity.

Provisions of this chapter relating to determination of paternity also apply to
determinations of maternity.
Section 12. Section 78-45g-107 is enacted to read:
78-45g-107. Effect.
An adjudication or declaration of paternity shall be filed with the state registrar in
accordance with Section 26-2-5 .
Section 13. Section 78-45g-108 is enacted to read:
78-45g-108. Obligation to provide address.
A party to an action under this chapter has a continuing obligation to keep the tribunal
informed of the party's current address.
Section 14. Section 78-45g-109 is enacted to read:
78-45g-109. Limitation on recovery from the obligor.
The obligor's liabilities for past support are limited to the period of four years preceding
the commencement of an action.
Section 15. Section 78-45g-110 is enacted to read:
78-45g-110. Duty of attorney general and county attorney.
Whenever the state commences an action under this chapter, it shall be the duty of the
attorney general or the county attorney of the county where the obligee resides to represent the
state. Neither the attorney general nor the county attorney represents or has an attorney-client
relationship with the obligee or the obligor in carrying out his responsibilities under this chapter.
Section 16. Section 78-45g-111 is enacted to read:
78-45g-111. Default judgment.
Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions
commenced under this chapter.
Section 17. Section 78-45g-112 is enacted to read:
78-45g-112. Standard of proof.
The standard of proof in a trial to determine paternity is "by clear and convincing
evidence."

Section 18. Section 78-45g-113 is enacted to read:
78-45g-113. Parent-time rights of father.
(1) If the tribunal determines that the alleged father is the father, it may upon its own
motion or upon motion of the father, order parent-time rights in accordance with Sections
30-3-32 through 30-3-37 as it considers appropriate under the circumstances.
(2) Parent-time rights may not be granted to a father if the child has been subsequently
adopted.
Section 19. Section 78-45g-114 is enacted to read:
78-45g-114. Social Security number in tribunal records.
The Social Security number of any individual who is subject to a paternity determination
shall be placed in the records relating to the matter.
Section 20. Section 78-45g-115 is enacted to read:
78-45g-115. Settlement agreements.
An agreement of settlement with the alleged father is binding only when approved by the
tribunal.
Section 21. Section 78-45g-201 is enacted to read:
Part 2. Parent-child Relationship
78-45g-201. Establishment of parent-child relationship.
(1) The mother-child relationship is established between a woman and a child by:
(a) the woman's having given birth to the child, except as otherwise provided in Part 8,
Gestational Agreement;
(b) an adjudication of the woman's maternity;
(c) adoption of the child by the woman; or
(d) an adjudication confirming the woman as a parent of a child born to a gestational
mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
under other law.
(2) The father-child relationship is established between a man and a child by:
(a) an unrebutted presumption of the man's paternity of the child under Section

78-45g-204 ;
(b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration
of Paternity, unless the declaration has been rescinded or successfully challenged;
(c) an adjudication of the man's paternity;
(d) adoption of the child by the man;
(e) the man having consented to assisted reproduction by a woman under Part 7, Child of
Assisted Reproduction, which resulted in the birth of the child; or
(f) an adjudication confirming the man as a parent of a child born to a gestational mother
if the agreement was validated under Part 8, Gestational Agreement, or is enforceable under other
law.
Section 22. Section 78-45g-202 is enacted to read:
78-45g-202. No discrimination based on marital status.
A child born to parents who are not married to each other whose paternity has been
determined under this chapter has the same rights under the law as a child born to parents who
are married to each other.
Section 23. Section 78-45g-203 is enacted to read:
78-45g-203. Consequences of establishment of parentage.
Unless parental rights are terminated, a parent-child relationship established under this
chapter applies for all purposes, except as otherwise specifically provided by other law of this
state.
Section 24. Section 78-45g-204 is enacted to read:
78-45g-204. Presumption of paternity.
(1) A man is presumed to be the father of a child if:
(a) he and the mother of the child are married to each other and the child is born during
the marriage;
(b) he and the mother of the child were married to each other and the child is born within
300 days after the marriage is terminated by death, annulment, declaration of invalidity, or
divorce, or after a decree of separation;

(c) before the birth of the child, he and the mother of the child married each other in
apparent compliance with law, even if the attempted marriage is or could be declared invalid, and
the child is born during the invalid marriage or within 300 days after its termination by death,
annulment, declaration of invalidity, or divorce or after a decree of separation; or
(d) after the birth of the child, he and the mother of the child married each other in
apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he
voluntarily asserted his paternity of the child, and there is no other presumptive father of the
child, and:
(i) the assertion is in a record filed with the Office of Vital Records;
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
(iii) he promised in a record to support the child as his own.
(2) A presumption of paternity established under this section may only be rebutted in
accordance with Section 78-45g-607 .
(3) If a child has an adjudicated father, the results of genetic testing are inadmissable to
challenge paternity except as set forth in Section 78-45g-607 .
Section 25. Section 78-45g-301 is enacted to read:
Part 3. Voluntary Declaration of Paternity
78-45g-301. Declaration of paternity.
The mother of a child and a man claiming to be the genetic father of the child may sign a
declaration of paternity to establish the paternity of the child.
Section 26. Section 78-45g-302 is enacted to read:
78-45g-302. Execution of declaration of paternity.
(1) A declaration of paternity must:
(a) be in a record;
(b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and by
the declarant father;
(c) be signed by the birth mother and declarant father in the presence of two witnesses
who are not related by blood or marriage; and

(d) state that the child whose paternity is being declared:
(i) does not have a presumed father, or has a presumed father whose full name is stated;
and
(ii) does not have another declarant or adjudicated father;
(e) state whether there has been genetic testing and, if so, that the declarant man's claim
of paternity is consistent with the results of the testing; and
(f) state that the signatories understand that the declaration is the equivalent of a legal
finding of paternity of the child and that a challenge to the declaration is permitted only under the
limited circumstances described in Section 78-45g-307 .
(2) If either the birth mother or the declarant father is a minor, the voluntary declaration
must also be signed by that minor's parent or legal guardian.
(3) A declaration of paternity is void if it:
(a) states that another man is a presumed father, unless a denial of paternity signed or
otherwise authenticated by the presumed father is filed with the Office of Vital Records in
accordance with Section 78-45g-303 ;
(b) states that another man is a declarant or adjudicated father; or
(c) falsely denies the existence of a presumed, declarant, or adjudicated father of the
child.
(4) A presumed father may sign or otherwise authenticate an acknowledgment of
paternity.
(5) The declaration of paternity shall be in a form prescribed by the Office of Vital
Records and shall be accompanied with a written and verbal notice of the alternatives to, the
legal consequences of, and the rights and responsibilities that arise from signing the declaration.
(6) The Social Security number of any person who is subject to declaration of paternity
shall be placed in the records relating to the matter.
(7) The declaration of paternity shall become an amendment to the original birth
certificate. The original certificate and the declaration shall be marked as to be distinguishable.
The declaration may be included as part of subsequently issued certified copies of the birth

certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
information and the date of the amendment only.
(8) A declaration of paternity may be completed and signed any time after the birth of the
child. A declaration of paternity may not be signed or filed after consent to or relinquishment for
adoption has been signed.
(9) A declaration of paternity shall be considered effective when filed and entered into a
database established and maintained by the Office of Vital Records.
Section 27. Section 78-45g-303 is enacted to read:
78-45g-303. Denial of paternity.
A presumed or declarant father may sign a denial of his paternity. The denial is valid
only if:
(1) a declaration of paternity signed, or otherwise authenticated, by another man is filed
pursuant to Section 78-45g-305 ;
(2) the denial is in a form prescribed by and filed with the Office of Vital Records, and is
signed, or otherwise authenticated, under penalty of perjury; and
(3) the presumed or declarant father has not previously:
(a) declared his paternity, unless the previous declaration has been rescinded pursuant to
Section 78-45g-306 or successfully challenged pursuant to Section 78-45g-307 ; or
(b) been adjudicated to be the father of the child.
Section 28. Section 78-45g-304 is enacted to read:
78-45g-304. Rules for declaration and denial of paternity.
(1) A declaration of paternity and a denial of paternity shall be contained in a single
document. If the declaration and denial are both necessary, neither is valid until both are signed
and filed.
(2) A declaration of paternity or a denial of paternity may not be signed before the birth
of the child.
(3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes effect
on the birth of the child or the filing of the document with the Office of Vital Records, whichever

occurs later.
(4) A declaration of paternity or denial of paternity signed by a minor and by the minor's
parent or legal guardian is valid if it is otherwise in compliance with this chapter.
Section 29. Section 78-45g-305 is enacted to read:
78-45g-305. Effect of declaration or denial of paternity.
(1) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid
declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of
paternity of a child and confers upon the declarant father all of the rights and duties of a parent.
(2) When a declaration of paternity is filed, it shall be recognized as a basis for a child
support order without any further requirement or proceeding regarding the establishment of
paternity.
(a) The liabilities of the father include, but are not limited to, the reasonable expense of
the mother's pregnancy and confinement and for the education, necessary support, and any
funeral expenses for the child.
(b) When a father declares paternity, his liability for past amounts due is limited to the
period of four years immediately preceding the date that the voluntary declaration of paternity
was filed.
(3) Except as otherwise provided in Sections 78-45g-306 and 78-45g-307 , a valid denial
of paternity by a presumed or declarant father filed with the Office of Vital Records in
conjunction with a valid declaration of paternity is equivalent to a legal finding of the
nonpaternity of the presumed or declarant father and discharges the presumed or declarant father
from all rights and duties of a parent. If a valid denial of paternity is filed with the Office of
Vital Records, the declarant or presumed father may not recover child support he paid prior to the
time of filing.
Section 30. Section 78-45g-306 is enacted to read:
78-45g-306. Proceeding for rescission.
A signatory may rescind a declaration of paternity or denial of paternity by filing a
voluntary rescission document with the Office of Vital Records in a form prescribed by the office

before the earlier of:
(1) 60 days after the effective date of the declaration or denial, as provided in Sections
78-45g-303 and 78-45g-304 ; or
(2) the date of notice of the first adjudicative proceeding to which the signatory is a
party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that
establishes support.
Section 31. Section 78-45g-307 is enacted to read:
78-45g-307. Challenge after expiration of period for rescission.
(1) After the period for rescission under Section 78-45g-306 has expired, a signatory of a
declaration of paternity or denial of paternity, or a support-enforcement agency, may commence a
proceeding to challenge the declaration or denial only on the basis of fraud, duress, or material
mistake of fact.
(2) A party challenging a declaration of paternity or denial of paternity has the burden of
proof.
(3) A challenge brought on the basis of fraud or duress may be commenced at any time.
(4) A challenge brought on the basis of a material mistake of fact may be commenced
within four years after the declaration is filed with the Office of Vital Records. For the purposes
of this Subsection (4), if the declaration of paternity was filed with the Office of Vital Records
prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
(5) For purposes of Subsection (4), genetic test results that exclude a declarant father or
that rebuttably identify another man as the father in accordance with Section 78-45g-505
constitute a material mistake of fact.
Section 32. Section 78-45g-308 is enacted to read:
78-45g-308. Procedure for rescission or challenge.
(1) Every signatory to a declaration of paternity and any related denial of paternity must
be made a party to a proceeding to rescind or challenge the declaration or denial.
(2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial
of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration or

denial, effective upon the filing of the document with the Office of Vital Records.
(3) Except for good cause shown, during the pendency of a proceeding to rescind or
challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the legal
responsibilities of a signatory arising from the declaration, including the duty to pay child
support.
(4) A proceeding to rescind or to challenge a declaration of paternity or denial of
paternity must be conducted in the same manner as a proceeding to adjudicate parentage under
Part 6, Adjudication of Parentage.
(5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity or
denial of paternity, the tribunal shall order the Office of Vital Records to amend the birth record
of the child, if appropriate.
(6) If the declaration is rescinded, the declarant father may not recover child support he
paid prior to the entry of an order of rescission.
Section 33. Section 78-45g-309 is enacted to read:
78-45g-309. Ratification barred.
A tribunal or administrative agency conducting a judicial or administrative proceeding
may not ratify an unchallenged declaration of paternity.
Section 34. Section 78-45g-310 is enacted to read:
78-45g-310. Full faith and credit.
A tribunal of this state shall give full faith and credit to a declaration of paternity or denial
of paternity effective in another state if the declaration or denial has been signed and is otherwise
in compliance with the law of the other state.
Section 35. Section 78-45g-311 is enacted to read:
78-45g-311. Forms for declaration and denial of paternity and for rescission of
paternity.
(1) To facilitate compliance with this part, the Office of Vital Records shall prescribe
forms for the declaration, denial, and rescission of paternity.
(2) A valid declaration of paternity or denial of paternity is not affected by a later

modification of the prescribed form.
Section 36. Section 78-45g-312 is enacted to read:
78-45g-312. Release of information.
The Office of Vital Records may release information relating to the declaration of
paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and
federal, tribal, and state support-enforcement agencies of this or another state.
Section 37. Section 78-45g-313 is enacted to read:
78-45g-313. Adoption of rules.
The Office of Vital Records may adopt rules in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, to implement this part.
Section 38. Section 78-45g-401 is enacted to read:
Part 4. Registry of Paternity
78-45g-401. Maintenance of records.
(1) The Office of Vital Records shall register the following records which are filed with
the office:
(a) all declarations of paternity;
(b) all judicial and administrative determinations of paternity; and
(c) all notices of proceedings to establish paternity which are filed pursuant to Sections
78-30-4.13 and 78-30-4.14 .
(2) A notice of initiation of paternity proceedings may not be accepted into the registry
unless accompanied by a copy of the pleading which has been filed with the court to establish
paternity.
(3) A notice of initiation of paternity proceedings may not be filed if another man is the
adjudicated or declarant father.
Section 39. Section 78-45g-402 is enacted to read:
78-45g-402. Effect of registration.
(1) An unmarried biological father who desires to be notified of a proceeding for
adoption of a child must file a notice of the initiation of paternity proceedings as required by

Sections 78-30-4.13 and 78-30-4.14 .
(2) A registrant shall promptly notify the registry in a record of any change in the
information registered. The Office of Vital Records shall incorporate all new information
received into its records but need not affirmatively seek to obtain current information for
incorporation in the registry.
Section 40. Section 78-45g-403 is enacted to read:
78-45g-403. Notice of proceeding.
Notice of an adoption proceeding shall be given to unmarried biological fathers pursuant
to Section 78-30-4.13 .
Section 41. Section 78-45g-404 is enacted to read:
78-45g-404. Required form.
(1) The Office of Vital Records shall prepare a form to be filed with the agency. The
form shall require the signature of the registrant and state that the form is signed under penalty of
perjury.
(2) The form shall also state that:
(a) a timely filing of notice of the initiation of paternity proceedings which is filed
pursuant to Subsection 78-45g-402 (1) entitles the registrant to notice of a proceeding for
adoption of the child;
(b) a timely filing does not commence a proceeding to establish paternity;
(c) the information disclosed on the form may be used against the registrant to establish
paternity;
(d) services to assist in establishing paternity of a child who is not placed for adoption
are available to the registrant through the Office of Recovery Services;
(e) the registrant should also file in another state if conception or birth of the child
occurred in the other state;
(f) information on registries of other states is available from the Office of Vital Records;
and
(g) procedures exist to remove the filing of a proceeding to establish paternity if the

proceeding is dismissed, or if a finding of paternity is rescinded or set aside under this chapter.
Section 42. Section 78-45g-405 is enacted to read:
78-45g-405. Furnishing of information -- Confidentiality.
(1) The Office of Vital Records shall send a copy of the filing to a person or entity set
forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the
most recent address provided by the requestor.
(2) Information contained in records which are filed pursuant to Section 78-45g-401 is
confidential and may be released on request only to:
(a) a tribunal or a person designated by the tribunal;
(b) the mother of the child who is the subject of the filing;
(c) an agency authorized by other law to receive the information;
(d) a licensed child-placing agency;
(e) the Office of Recovery Services, the Office of the Attorney General, or a
support-enforcement agency of another state or tribe;
(f) a party or the party's attorney of record in a proceeding under this chapter or in a
proceeding for adoption of, or for termination of parental rights regarding, a child who is the
subject of the filing; and
(g) the registry of paternity in another state.
Section 43. Section 78-45g-406 is enacted to read:
78-45g-406. Penalty for releasing information.
A person who, with malicious intent, releases confidential information from the Office of
Vital Records which is filed pursuant to Section 78-45g-401 to a person or agency not authorized
to receive the information under Section 78-45g-405 is guilty of a class B misdemeanor.
Section 44. Section 78-45g-407 is enacted to read:
78-45g-407. Removal of registration.
The Office of Vital Records may remove a registration in accordance with rules adopted
by the office in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
Section 45. Section 78-45g-408 is enacted to read:

78-45g-408. Fees for registry.
(1) A fee may not be charged to remove a registration.
(2) Except as otherwise provided in Subsection (3), the Office of Vital Records may
charge a reasonable fee for registering records pursuant to Section 78-45g-401 , making a search
of the registry, and for furnishing a certificate.
(3) The Office of Recovery Services, the Office of the Attorney General, and
support-enforcement agencies of other states or tribes may not be required to pay the fee
authorized by Subsection (2).
Section 46. Section 78-45g-409 is enacted to read:
78-45g-409. Search of records -- Certificate.
(1) Upon the request of an individual, tribunal, or agency identified in Section
78-45g-405 , the Office of Vital Records shall search its records for any registration made
pursuant to Section 78-45g-401 and furnish to the requestor a certificate of search which shall be
signed on behalf of the office and state that:
(a) a search has been made of the records of the Office of Vital Records; and
(b) a registration containing the information required to identify the registrant:
(i) has been found and is attached to the certificate of search; or
(ii) has not been found.
(2) A petitioner shall file the certificate of search with the tribunal in connection with a
proceeding for adoption.
Section 47. Section 78-45g-410 is enacted to read:
78-45g-410. Admissibility of information.
A certificate of search of the registry of paternity in this or another state is admissible in a
proceeding for adoption of a child and, if relevant, in other legal proceedings.
Section 48. Section 78-45g-501 is enacted to read:
Part 5. Genetic Testing
78-45g-501. Scope of part.
This part governs genetic testing of an individual to determine parentage, whether the

individual:
(1) voluntarily submits to testing; or
(2) is tested pursuant to an order of a tribunal or a support-enforcement agency.
Section 49. Section 78-45g-502 is enacted to read:
78-45g-502. Order for testing.
(1) Upon the motion of any party to the action, except as otherwise provided in this part
and Part 6, Adjudication of Parentage, the tribunal shall order the child and other designated
individuals to submit to genetic testing if the request for testing is supported by the sworn
statement of a party to the proceeding:
(a) alleging paternity and stating facts establishing a reasonable probability of the
requisite sexual contact between the individuals; or
(b) denying paternity and stating facts establishing a possibility that sexual contact
between the individuals, if any, did not result in the conception of the child.
(2) If a request for genetic testing of a child is made before birth, the tribunal may not
order in-utero testing.
(3) If two or more men are subject to an order for genetic testing, the testing may be
ordered concurrently or sequentially.
Section 50. Section 78-45g-503 is enacted to read:
78-45g-503. Requirements for genetic testing.
(1) Genetic testing must be of a type reasonably relied upon by experts in the field of
genetic testing and performed in a testing laboratory accredited by:
(a) the American Association of Blood Banks, or a successor to its functions;
(b) the American Society for Histocompatibility and Immunogenetics, or a successor to
its functions; or
(c) an accrediting body designated by the federal Secretary of Health and Human
Services.
(2) A specimen used in genetic testing may consist of one or more samples, or a
combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The

specimen used in the testing need not be of the same kind for each individual undergoing genetic
testing.
Section 51. Section 78-45g-504 is enacted to read:
78-45g-504. Report of genetic testing.
(1) A report of genetic testing must be in a record and signed under penalty of perjury by
a designee of the testing laboratory. A report made under the requirements of this part is
self-authenticating.
(2) Documentation from the testing laboratory of the following information is sufficient
to establish a reliable chain of custody that allows the results of genetic testing to be admissible
without testimony:
(a) the names and photographs of the individuals whose specimens have been taken;
(b) the names of the individuals who collected the specimens;
(c) the places and dates the specimens were collected;
(d) the names of the individuals who received the specimens in the testing laboratory;
(e) the dates the specimens were received; and
(f) the finger prints of the individuals whose specimens have been taken.
Section 52. Section 78-45g-505 is enacted to read:
78-45g-505. Genetic testing results -- Rebuttal.
(1) Under this chapter, a man is presumed to be identified as the father of a child if the
genetic testing complies with this part and the results disclose that:
(a) the man has at least a 99% probability of paternity, using a prior probability of 0.50,
as calculated by using the combined paternity index obtained in the testing; and
(b) a combined paternity index of at least 100 to 1.
(2) A man identified under Subsection (1) as the father of the child may rebut the genetic
testing results only by other genetic testing satisfying the requirements of this part which:
(a) excludes the man as a genetic father of the child; or
(b) identifies another man as the possible father of the child.
(3) If an issue is raised as to whether the appropriate ethnic or racial group database was

used by the testing laboratory, the testing laboratory will be asked to rerun the test using the
correct ethnic or racial group database. If the testing laboratory does not have an adequate
database, another testing laboratory may be engaged to perform the calculations.
(4) If a presumption of paternity is not rebutted by a second test, the tribunal shall issue
an order establishing paternity.
Section 53. Section 78-45g-506 is enacted to read:
78-45g-506. Costs of genetic testing.
(1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of
initial genetic testing shall be advanced:
(a) by a support-enforcement agency in a proceeding in which the support-enforcement
agency is providing services;
(b) by the individual who made the request;
(c) as agreed by the parties; or
(d) as ordered by the tribunal.
(2) In cases in which the cost is advanced by the support-enforcement agency, the agency
may seek reimbursement from a man who is rebuttably identified as the father.
Section 54. Section 78-45g-507 is enacted to read:
78-45g-507. Additional genetic testing.
The tribunal shall order additional genetic testing upon the request of a party who
contests the result of the original testing. If the previous genetic testing identified a man as the
father of the child under Section 78-45g-505 , the tribunal may not order additional testing unless
the party provides advance payment for the testing. If the tribunal orders a second genetic test in
accordance with this section, the additional testing must be completed within 45 days of the
tribunal's order or the requesting party's objection to the first test will be automatically denied. If
failure to complete the test occurs because of noncooperation of the mother or unavailability of
the child, the time will be tolled.
Section 55. Section 78-45g-508 is enacted to read:
78-45g-508. Genetic testing when specimens not available.

(1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man
who may be the father of a child, for good cause and under extraordinary circumstances the
tribunal considers to be just, the tribunal may order the following individuals to submit
specimens for genetic testing:
(a) the parents of the man;
(b) brothers and sisters of the man;
(c) other children of the man and their mothers; and
(d) other relatives of the man necessary to complete genetic testing.
(2) Issuance of an order under this section requires a finding that a need for genetic
testing outweighs the legitimate interests of the individual sought to be tested.
Section 56. Section 78-45g-509 is enacted to read:
78-45g-509. Deceased individual.
For good cause shown, the tribunal may order genetic testing of a deceased individual.
Section 57. Section 78-45g-510 is enacted to read:
78-45g-510. Identical brothers.
(1) The tribunal may order genetic testing of a brother of a man identified as the father of
a child if the man is commonly believed to have an identical brother and evidence suggests that
the brother may be the genetic father of the child.
(2) If each brother satisfies the requirements as the identified father of the child under
Section 78-45g-505 without consideration of another identical brother being identified as the
father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is
the father of the child.
Section 58. Section 78-45g-511 is enacted to read:
78-45g-511. Confidentiality of genetic testing.
Release of the report of genetic testing for parentage is controlled by Title 63, Chapter 2,
Government Records Access and Management Act.
Section 59. Section 78-45g-601 is enacted to read:
Part 6. Adjudication of Parentage

78-45g-601. Proceeding authorized -- Definition.
(1) An adjudicative proceeding may be maintained to determine the parentage of a child.
A judicial proceeding is governed by the rules of civil procedure. An administrative proceeding
is governed by Title 63, Chapter 46b, Administrative Procedures Act.
(2) For the purposes of this part, "divorce" also includes an annulment.
Section 60. Section 78-45g-602 is enacted to read:
78-45g-602. Standing to maintain proceeding.
Subject to Part 3, Voluntary Declaration of Paternity, and Sections 78-45g-607 and
78-45g-609 , a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the support-enforcement agency or other governmental agency authorized by other
law;
(5) an authorized adoption agency or licensed child-placing agency;
(6) a representative authorized by law to act for an individual who would otherwise be
entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) an intended parent under Part 8, Gestational Agreement.
Section 61. Section 78-45g-603 is enacted to read:
78-45g-603. Parties to proceeding.
The following individuals shall be joined as parties in a proceeding to adjudicate
parentage:
(1) the mother of the child;
(2) a man whose paternity of the child is to be adjudicated; and
(3) the state pursuant to Section 78-45-9 .
Section 62. Section 78-45g-604 is enacted to read:
78-45g-604. Personal jurisdiction.
(1) An individual may not be adjudicated to be a parent unless the tribunal has personal

jurisdiction over the individual.
(2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise
personal jurisdiction over a nonresident individual, or the guardian or conservator of the
individual, if the conditions prescribed in Section 78-45f-201 are fulfilled, or the individual has
signed a declaration of paternity.
(3) Lack of jurisdiction over one individual does not preclude the tribunal from making
an adjudication of parentage binding on another individual over whom the tribunal has personal
jurisdiction.
Section 63. Section 78-45g-605 is enacted to read:
78-45g-605. Venue.
Venue for a judicial proceeding to adjudicate parentage is in the county of this state in
which:
(1) the child resides or is found;
(2) the respondent resides or is found if the child does not reside in this state; or
(3) a proceeding for probate or administration of the presumed or alleged father's estate
has been commenced.
Section 64. Section 78-45g-606 is enacted to read:
78-45g-606. No limitation -- Child having no declarant or adjudicated father.
A proceeding to adjudicate the parentage of a child having no declarant or adjudicated
father may be commenced at any time. If initiated after the child becomes an adult, only the
child may initiate the proceeding.
Section 65. Section 78-45g-607 is enacted to read:
78-45g-607. Limitation -- Child having presumed father.
(1) Paternity of a child conceived or born during a marriage with a presumed father as
described in Subsection 78-45g-204 (1)(a), (b), or (c), may be raised by the presumed father or the
mother at any time prior to filing an action for divorce or in the pleadings at the time of the
divorce of the parents.
(a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the

tribunal in accordance with Section 78-45g-608 . Failure of the mother of the child to appear for
testing may result in an order allowing a motherless calculation of paternity. Failure of the
mother to make the child available may not result in a determination that the presumed father is
not the father, but shall allow for appropriate proceedings to compel the cooperation of the
mother. If the question of paternity has been raised in the pleadings in a divorce and the tribunal
addresses the issue and enters an order, the parties are estopped from raising the issue again, and
the order of the tribunal may not be challenged on the basis of material mistake of fact.
(b) If the presumed father seeks to rebut the presumption of paternity, then denial of a
motion seeking an order for genetic testing or a decision to disregard genetic test results shall be
based on a preponderance of the evidence.
(c) If the mother seeks to rebut the presumption of paternity, the mother has the burden to
show by a preponderance of the evidence that it would be in the best interests of the child to
disestablish the parent-child relationship.
(2) For the presumption outside of marriage described in Subsection 78-45g-204 (1)(d),
the presumption may be rebutted at any time if the tribunal determines that the presumed father
and the mother of the child neither cohabited nor engaged in sexual intercourse with each other
during the probable time of conception.
(3) The presumption may be rebutted by:
(a) genetic test results that exclude the presumed father;
(b) genetic test results that rebuttably identify another man as the father in accordance
with Section 78-45g-505 ;
(c) evidence that the presumed father and the mother of the child neither cohabited nor
engaged in sexual intercourse with each other during the probable time of conception; or
(d) an adjudication under this part.
(4) There is no presumption to rebut if the presumed father was properly served and there
has been a final adjudication of the issue.
Section 66. Section 78-45g-608 is enacted to read:
78-45g-608. Authority to deny motion for genetic testing or disregard test results.

(1) In a proceeding to adjudicate the parentage of a child having a presumed father or to
challenge the paternity of a child having a declarant father, the tribunal may deny a motion
seeking an order for genetic testing of the mother, the child, and the presumed or declarant father,
or if testing has been completed, the tribunal may disregard genetic test results that exclude the
presumed or declarant father if the tribunal determines that:
(a) the conduct of the mother or the presumed or declarant father estops that party from
denying parentage; and
(b) it would be inequitable to disrupt the father-child relationship between the child and
the presumed or declarant father.
(2) In determining whether to deny a motion seeking an order for genetic testing or to
disregard genetic test results under this section, the tribunal shall consider the best interest of the
child, including the following factors:
(a) the length of time between the proceeding to adjudicate parentage and the time that
the presumed or declarant father was placed on notice that he might not be the genetic father;
(b) the length of time during which the presumed or declarant father has assumed the role
of father of the child;
(c) the facts surrounding the presumed or declarant father's discovery of his possible
nonpaternity;
(d) the nature of the relationship between the child and the presumed or declarant father;
(e) the age of the child;
(f) the harm that may result to the child if presumed or declared paternity is successfully
disestablished;
(g) the nature of the relationship between the child and any alleged father;
(h) the extent to which the passage of time reduces the chances of establishing the
paternity of another man and a child-support obligation in favor of the child; and
(i) other factors that may affect the equities arising from the disruption of the father-child
relationship between the child and the presumed or declarant father or the chance of other harm
to the child.

(3) If the tribunal denies a motion seeking an order for genetic testing or disregards
genetic test results that exclude the presumed or declarant father, it shall issue an order
adjudicating the presumed or declarant father to be the father of the child.
Section 67. Section 78-45g-609 is enacted to read:
78-45g-609. Limitation -- Child having declarant father.
(1) If a child has a declarant father, a signatory to the declaration of paternity or denial of
paternity or a support-enforcement agency may commence a proceeding seeking to rescind the
declaration or denial or challenge the paternity of the child only within the time allowed under
Section 78-45g-306 or 78-45g-307 .
(2) A proceeding under this section is subject to the application of the principles of
estoppel established in Section 78-45g-608 .
Section 68. Section 78-45g-610 is enacted to read:
78-45g-610. Joinder of judicial proceedings.
(1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
parentage may be joined with a proceeding for adoption, termination of parental rights, child
custody or visitation, child support, divorce, annulment, legal separation or separate
maintenance, probate or administration of an estate, or other appropriate proceeding.
(2) A respondent may not join a proceeding described in Subsection (1) with a
proceeding to adjudicate parentage brought under Title 78, Chapter 45f, Uniform Interstate
Family Support Act.
Section 69. Section 78-45g-611 is enacted to read:
78-45g-611. Proceeding before birth.
A proceeding to determine parentage may be commenced before the birth of the child, but
may not be concluded until after the birth of the child. The following actions may be taken
before the birth of the child:
(1) service of process;
(2) discovery; and
(3) except as prohibited by Section 78-45g-502 , collection of specimens for genetic

testing.
Section 70. Section 78-45g-612 is enacted to read:
78-45g-612. Child as party -- Representation.
(1) A minor child is a permissible party, but is not a necessary party to a proceeding
under this part.
(2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated
child if the child is a party or the tribunal finds that the interests of the child are not adequately
represented.
Section 71. Section 78-45g-613 is enacted to read:
78-45g-613. Admissibility of results of genetic testing -- Expenses.
(1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is
admissible as evidence of the truth of the facts asserted in the report unless a party objects to its
admission within 14 days after its receipt by the objecting party and cites specific grounds for
exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The
admissibility of the report is not affected by whether the testing was performed:
(a) voluntarily or pursuant to an order of the tribunal; or
(b) before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call one or more genetic-testing
experts to testify in person or by telephone, video conference, deposition, or another method
approved by the tribunal. Unless otherwise ordered by the tribunal, the party offering the
testimony bears the expense for the expert testifying.
(3) If a child has a presumed or declarant father, the results of genetic testing are
inadmissible to adjudicate parentage unless performed:
(a) pursuant to Section 78-45g-503 ;
(b) within the time periods set forth in this chapter; and
(c) pursuant to a tribunal order or administrative process; or
(d) with the consent of both the mother and the presumed or declarant father.
(4) If a child has an adjudicated father, the results of genetic testing are inadmissible to

challenge paternity except as set forth in Sections 78-45g-607 and 78-45g-608 .
(5) Copies of bills for genetic testing and for prenatal and postnatal health care for the
mother and child which are furnished to the adverse party not less than ten days before the date
of a hearing are admissible to establish:
(a) the amount of the charges billed; and
(b) that the charges were reasonable, necessary, and customary.
Section 72. Section 78-45g-614 is enacted to read:
78-45g-614. Consequences of failing to submit to genetic testing.
(1) An order for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined fails to submit to genetic testing
ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to the
position of that individual.
(3) Genetic testing of the mother of a child is not a condition precedent to testing the
child and a man whose paternity is being determined. If the mother is unavailable or fails to
submit to genetic testing, the tribunal may order the testing of the child and every man who is
potentially the father of the child.
Section 73. Section 78-45g-615 is enacted to read:
78-45g-615. Admission of paternity authorized.
(1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a
child by filing a pleading to that effect or by admitting paternity under penalty of perjury when
making an appearance or during a hearing.
(2) If the tribunal finds that the admission of paternity satisfies the requirements of this
section and finds that there is no reason to question the admission, the tribunal shall issue an
order adjudicating the child to be the child of the man admitting paternity.
Section 74. Section 78-45g-616 is enacted to read:
78-45g-616. Temporary order.
(1) In a proceeding under this part, the tribunal shall issue a temporary order for support
of a child if the order is appropriate and the individual ordered to pay support is:

(a) a presumed father of the child;
(b) petitioning to have his paternity adjudicated;
(c) identified as the father through genetic testing under Section 78-45g-505 ;
(d) an alleged father who has failed to submit to genetic testing;
(e) shown by clear and convincing evidence to be the father of the child; or
(f) the mother of the child.
(2) A temporary tribunal order may include provisions for custody and visitation as
provided by other laws of this state.
Section 75. Section 78-45g-617 is enacted to read:
78-45g-617. Rules for adjudication of paternity.
The tribunal shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, declarant, or adjudicated father may be
disproved only by admissible results of genetic testing excluding that man as the father of the
child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic
testing, a man identified as the father of a child under Section 78-45g-505 must be adjudicated
the father of the child, unless an exception is granted under Section 78-45g-608 .
(3) If the tribunal finds that genetic testing under Section 78-45g-505 neither identifies
nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that
event, the tribunal shall order further testing.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic
testing, a man properly excluded as the father of a child by genetic testing must be adjudicated
not to be the father of the child.
Section 76. Section 78-45g-618 is enacted to read:
78-45g-618. Adjudication of parentage -- Jury trial prohibited.
A jury trial is prohibited to adjudicate paternity of a child.
Section 77. Section 78-45g-619 is enacted to read:
78-45g-619. Adjudication of parentage -- Hearings -- Inspection of records.

(1) On request of a party and for good cause shown, the tribunal may close a proceeding
under this part.
(2) A final order in a proceeding under this part is available for public inspection. Other
papers and records are available only with the consent of the parties or on order of the tribunal
for good cause.
Section 78. Section 78-45g-620 is enacted to read:
78-45g-620. Adjudication of parentage -- Order on default.
The tribunal shall issue an order adjudicating the paternity of a man who:
(1) after service of process, is in default; and
(2) is found by the tribunal to be the father of a child.
Section 79. Section 78-45g-621 is enacted to read:
78-45g-621. Adjudication of parentage -- Dismissal for want of prosecution.
The tribunal may issue an order dismissing a proceeding commenced under this chapter
for want of prosecution only without prejudice. An order of dismissal for want of prosecution
purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Section 80. Section 78-45g-622 is enacted to read:
78-45g-622. Order adjudicating parentage.
(1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be
the father is the parent of the child.
(2) An order adjudicating parentage must identify the child by name and date of birth.
(3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees,
reasonable attorney's fees, fees for genetic testing, other costs, necessary travel, and other
reasonable expenses incurred in a proceeding under this part. The tribunal may award attorney's
fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own
name.
(4) The tribunal may not assess fees, costs, or expenses against the support-enforcement
agency of this state or another state, except as provided by law.
(5) On request of a party and for good cause shown, the tribunal may order that the name

of the child be changed.
(6) If the order of the tribunal is at variance with the child's birth certificate, the tribunal
shall order the Office of Vital Records to issue an amended birth registration.
Section 81. Section 78-45g-623 is enacted to read:
78-45g-623. Binding effect of determination of parentage.
(1) Except as otherwise provided in Subsection (2), a determination of parentage is
binding on:
(a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary
Declaration of Paternity; and
(b) all parties to an adjudication by a tribunal acting under circumstances that satisfy the
jurisdictional requirements of Section 78-45f-201 .
(2) A child is not bound by a determination of parentage under this chapter unless:
(a) the determination was based on an unrescinded declaration of paternity and the
declaration is consistent with the results of genetic testing;
(b) the adjudication of parentage was based on a finding consistent with the results of
genetic testing and the consistency is declared in the determination or is otherwise shown; or
(c) the child was a party or was represented in the proceeding determining parentage by a
guardian ad litem.
(3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
adjudication of the parentage of a child if the question of paternity is raised and the tribunal
adjudicates according to Part 6, Adjudication of Parentage, and the final order:
(a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
similar words indicating that the husband is the father of the child; or
(b) provides for support of the child by the husband unless paternity is specifically
disclaimed in the order.
(4) The tribunal is not considered to have made an adjudication of the parentage of a
child if the child was born at the time of entry of the order and other children are named as
children of the marriage, but that child is specifically not named.

(5) Once the paternity of a child has been adjudicated, an individual who was not a party
to the paternity proceeding may not challenge the paternity, unless:
(a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
(b) the challenger can demonstrate by clear and convincing evidence that the challenger
did not know about the adjudicatory proceeding or did not have a reasonable opportunity to know
of the proceeding; and
(c) there would be harm to the child to leave the order in place.
(6) A party to an adjudication of paternity may challenge the adjudication only under law
of this state relating to appeal, vacation of judgments, or other judicial review.
Section 82. Section 78-45g-701 is enacted to read:
Part 7. Child of Assisted Reproduction
78-45g-701. Scope.
This part does not apply to the birth of a child conceived by means of sexual intercourse,
or as result of a gestational agreement as provided in Part 8, Gestational Agreement.
Section 83. Section 78-45g-702 is enacted to read:
78-45g-702. Parental status of donor.
A donor is not a parent of a child conceived by means of assisted reproduction.
Section 84. Section 78-45g-703 is enacted to read:
78-45g-703. Husband's paternity of child of assisted reproduction.
If a husband provides sperm for, or consents to, assisted reproduction by his wife as
provided in Section 78-45g-704 , he is the father of a resulting child born to his wife.
Section 85. Section 78-45g-704 is enacted to read:
78-45g-704. Consent to assisted reproduction.
(1) A consent to assisted reproduction by a married woman must be in a record signed by
the woman and her husband. This requirement does not apply to the donation of eggs for
assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by Subsection (1), before or after
the birth of the child, does not preclude a finding that the husband is the father of a child born to

his wife if the wife and husband openly treat the child as their own.
Section 86. Section 78-45g-705 is enacted to read:
78-45g-705. Limitation on husband's dispute of paternity.
(1) Except as otherwise provided in Subsection (2), the husband of a wife who gives
birth to a child by means of assisted reproduction may not challenge his paternity of the child
unless:
(a) within two years after learning of the birth of the child he commences a proceeding to
adjudicate his paternity; and
(b) the tribunal finds that he did not consent to the assisted reproduction, before or after
the birth of the child.
(2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal
determines that:
(a) the husband did not provide sperm for, or before or after the birth of the child consent
to, assisted reproduction by his wife;
(b) the husband and the mother of the child have not cohabited since the probable time of
assisted reproduction; and
(c) the husband never openly treated the child as his own.
(3) The limitation provided in this section applies to a marriage declared invalid after
assisted reproduction.
Section 87. Section 78-45g-706 is enacted to read:
78-45g-706. Effect of dissolution of marriage.
(1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former
spouse is not a parent of the resulting child unless the former spouse consented in a record that if
assisted reproduction were to occur after a divorce, the former spouse would be a parent of the
child.
(2) The consent of the former spouse to assisted reproduction may be revoked by that
individual in a record at any time before placement of eggs, sperm, or embryos.
Section 88. Section 78-45g-707 is enacted to read:

78-45g-707. Parental status of deceased spouse.
If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
not a parent of the resulting child unless the deceased spouse consented in a record that if assisted
reproduction were to occur after death, the deceased spouse would be a parent of the child.
Section 89. Section 78-45g-801 is enacted to read:
Part 8. Gestational Agreement
78-45g-801. Gestational agreement authorized.
(1) A prospective gestational mother, her husband if she is married, a donor or the
donors, and the intended parents may enter into a written agreement providing that:
(a) the prospective gestational mother agrees to pregnancy by means of assisted
reproduction;
(b) the prospective gestational mother, her husband if she is married, and the donors
relinquish all rights and duties as the parents of a child conceived through assisted reproduction;
and
(c) the intended parents become the parents of the child.
(2) The intended gestational mother may not currently be receiving Medicaid or any
other state assistance.
(3) The intended parents shall be married, and both spouses must be parties to the
gestational agreement.
(4) A gestational agreement is enforceable only if validated as provided in Section
78-45g-803 .
(5) A gestational agreement does not apply to the birth of a child conceived by means of
sexual intercourse or if neither intended parent is a donor.
(6) The parties to a gestational agreement shall be 21 years of age or older.
(7) The gestational mother's eggs may not be used in the assisted reproduction procedure.
(8) If the gestational mother is married, her husband's sperm may not be used in the
assisted reproduction procedure.
Section 90. Section 78-45g-802 is enacted to read:

78-45g-802. Requirements of petition.
(1) The intended parents and the prospective gestational mother may file a petition in the
district tribunal to validate a gestational agreement.
(2) A petition to validate a gestational agreement may not be maintained unless either the
mother or intended parents have been residents of this state for at least 90 days.
(3) The prospective gestational mother's husband, if she is married, must join in the
petition.
(4) A copy of the gestational agreement must be attached to the petition.
Section 91. Section 78-45g-803 is enacted to read:
78-45g-803. Hearing to validate gestational agreement.
(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
validating the gestational agreement and declaring that the intended parents will be the parents of
a child born during the term of the agreement.
(2) The tribunal may issue an order under Subsection (1) only on finding that:
(a) the residence requirements of Section 78-45g-802 have been satisfied and the parties
have submitted to jurisdiction of the tribunal under the jurisdictional standards of this part;
(b) medical evidence shows that the intended mother is unable to bear a child or is
unable to do so without unreasonable risk to her physical or mental health or to the unborn child;
(c) unless waived by the tribunal, a home study of the intended parents has been
conducted in accordance with Section 78-30-3.5 , and the intended parents meet the standards of
fitness applicable to adoptive parents;
(d) all parties have participated in counseling with a licensed mental health professional
as evidenced by a certificate signed by the licensed mental health professional which affirms that
all parties have discussed options and consequences of the agreement and presented to the
tribunal;
(e) all parties have voluntarily entered into the agreement and understand its terms;
(f) the prospective gestational mother has had at least one pregnancy and delivery and her
bearing another child will not pose an unreasonable health risk to the unborn child or to the

physical or mental health of the prospective gestational mother;
(g) adequate provision has been made for all reasonable health-care expense associated
with the gestational agreement until the birth of the child, including responsibility for those
expenses if the agreement is terminated;
(h) the consideration, if any, paid to the prospective gestational mother is reasonable;
(i) all the parties to the agreement are 21 years of age or older;
(j) the gestational mother's eggs are not being used in the assisted reproduction
procedure; and
(k) if the gestational mother is married, her husband's sperm is not being used in the
assisted reproduction procedure.
(3) Whether to validate a gestational agreement is within the discretion of the tribunal,
subject only to review for abuse of discretion.
Section 92. Section 78-45g-804 is enacted to read:
78-45g-804. Inspection of records.
The proceedings, records, and identities of the individuals to a gestational agreement
under this part are subject to inspection under the confidentiality standards applicable to
adoptions as provided under other laws of this state.
Section 93. Section 78-45g-805 is enacted to read:
78-45g-805. Exclusive, continuing jurisdiction.
Subject to the jurisdictional standards of Section 78-45c-201 , the tribunal conducting a
proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the
gestational agreement until a child born to the gestational mother during the period governed by
the agreement attains the age of 180 days.
Section 94. Section 78-45g-806 is enacted to read:
78-45g-806. Termination of gestational agreement.
(1) After issuance of an order under this part, but before the prospective gestational
mother becomes pregnant by means of assisted reproduction, the prospective gestational mother,
her husband, or either of the intended parents may terminate the gestational agreement only by

giving written notice of termination to all other parties.
(2) The tribunal for good cause shown also may terminate the gestational agreement.
(3) An individual who terminates an agreement shall file notice of the termination with
the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
An individual who does not notify the tribunal of the termination of the agreement is subject to
appropriate sanctions.
(4) Neither a prospective gestational mother nor her husband, if any, is liable to the
intended parents for terminating an agreement pursuant to this section.
Section 95. Section 78-45g-807 is enacted to read:
78-45g-807. Parentage under validated gestational agreement.
(1) Upon birth of a child to a gestational mother, the intended parents shall file notice
with the tribunal that a child has been born to the gestational mother within 300 days after
assisted reproduction. Thereupon, the tribunal shall issue an order:
(a) confirming that the intended parents are the parents of the child;
(b) if necessary, ordering that the child be surrendered to the intended parents; and
(c) directing the Office of Vital Records to issue a birth certificate naming the intended
parents as parents of the child.
(2) If the parentage of a child born to the gestational mother is in dispute as not the result
of an assisted reproduction, the tribunal shall order genetic testing to determine the parentage of
the child.
Section 96. Section 78-45g-808 is enacted to read:
78-45g-808. Gestational agreement -- Miscellaneous provisions.
(1) A gestational agreement may provide for payment of consideration.
(2) A gestational agreement may not limit the right of the gestational mother to make
decisions to safeguard her health or that of the embryo or fetus.
(3) After the issuance of an order under this part, subsequent marriage of the gestational
mother does not affect the validity of a gestational agreement, and her husband's consent to the
agreement is not required, nor is her husband a presumed father of the resulting child.

Section 97. Section 78-45g-809 is enacted to read:
78-45g-809. Effect of nonvalidated gestational agreement.
(1) A gestational agreement, whether in a record or not, which is not validated by a
tribunal is not enforceable.
(2) If a birth results under a gestational agreement that is not judicially validated as
provided in this part, the parent-child relationship is determined as provided in Part 2,
Parent-child Relationship.
(3) The individuals who are parties to a nonvalidated gestational agreement as intended
parents may be held liable for support of the resulting child, even if the agreement is otherwise
unenforceable. The liability under this Subsection (3) includes assessing all expenses and fees as
provided in Section 78-45g-622 .
Section 98. Section 78-45g-901 is enacted to read:
Part 9. Miscellaneous Provisions
78-45g-901. Uniformity of application and construction.
This chapter is a uniform law. In applying and construing this chapter, consideration
shall be given to the need to promote uniformity of the law with respect to its subject matter
among the states that enact it.
Section 99. Section 78-45g-902 is enacted to read:
78-45g-902. Transitional provision.
A proceeding to adjudicate parentage which was commenced before May 1, 2005 is
governed by the law in effect at the time the proceeding was commenced.
Section 100. Repealer.
This bill repeals:
Section 76-7-204, Prohibition of surrogate parenthood agreements -- Status of child
-- Basis of custody.
Section 78-45a-1, Obligations of the father.
Section 78-45a-2, Determination of paternity -- Effect -- Enforcement.
Section 78-45a-3, Limitation on recovery from the father.

Section 78-45a-4, Limitations on recovery from father's estate.
Section 78-45a-5, Remedies.
Section 78-45a-6, Time of trial.
Section 78-45a-6.5, Standard of proof.
Section 78-45a-7, Authority for genetic testing.
Section 78-45a-10, Effect of genetic test results.
Section 78-45a-10.5, Parent-time rights of father.
Section 78-45a-11, Judgment.
Section 78-45a-11.5, Social security number in court records.
Section 78-45a-12, Security.
Section 78-45a-13, Settlement agreements.
Section 78-45a-14, Venue.
Section 78-45a-15, Uniformity of interpretation.
Section 78-45a-16, Short title.
Section 78-45a-17, Operation of act.
Section 78-45e-1, Chapter title.
Section 78-45e-2, Voluntary declaration of paternity.
Section 78-45e-4, Rescission of the declaration.