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7 LONG TITLE
8 General Description:
9 This bill makes technical amendments to the Utah Uniform Parentage Act regarding
10 parents and married couples.
11 Highlighted Provisions:
12 This bill:
13 ▸ makes changes throughout the act to allow the application of the act to same gender
14 couples; and
15 ▸ makes conforming and technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78B-6-110, as last amended by Laws of Utah 2014, Chapter 410
23 78B-6-120, as last amended by Laws of Utah 2013, Chapter 458
24 78B-15-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
25 78B-15-104, as last amended by Laws of Utah 2010, Chapter 237
26 78B-15-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
27 78B-15-111, as renumbered and amended by Laws of Utah 2008, Chapter 3
28 78B-15-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
29 78B-15-113, as renumbered and amended by Laws of Utah 2008, Chapter 3
30 78B-15-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
31 78B-15-115, as renumbered and amended by Laws of Utah 2008, Chapter 3
32 78B-15-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
33 78B-15-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
34 78B-15-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
35 78B-15-301, as renumbered and amended by Laws of Utah 2008, Chapter 3
36 78B-15-302, as renumbered and amended by Laws of Utah 2008, Chapter 3
37 78B-15-303, as renumbered and amended by Laws of Utah 2008, Chapter 3
38 78B-15-304, as renumbered and amended by Laws of Utah 2008, Chapter 3
39 78B-15-305, as renumbered and amended by Laws of Utah 2008, Chapter 3
40 78B-15-306, as renumbered and amended by Laws of Utah 2008, Chapter 3
41 78B-15-307, as renumbered and amended by Laws of Utah 2008, Chapter 3
42 78B-15-308, as renumbered and amended by Laws of Utah 2008, Chapter 3
43 78B-15-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
44 78B-15-311, as renumbered and amended by Laws of Utah 2008, Chapter 3
45 78B-15-312, as renumbered and amended by Laws of Utah 2008, Chapter 3
46 78B-15-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
47 78B-15-402, as renumbered and amended by Laws of Utah 2008, Chapter 3
48 78B-15-404, as renumbered and amended by Laws of Utah 2008, Chapter 3
49 78B-15-405, as renumbered and amended by Laws of Utah 2008, Chapter 3
50 78B-15-410, as renumbered and amended by Laws of Utah 2008, Chapter 3
51 78B-15-505, as renumbered and amended by Laws of Utah 2008, Chapter 3
52 78B-15-507, as renumbered and amended by Laws of Utah 2008, Chapter 3
53 78B-15-602, as renumbered and amended by Laws of Utah 2008, Chapter 3
54 78B-15-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
55 78B-15-605, as renumbered and amended by Laws of Utah 2008, Chapter 3
56 78B-15-606, as renumbered and amended by Laws of Utah 2008, Chapter 3
57 78B-15-607, as renumbered and amended by Laws of Utah 2008, Chapter 3
58 78B-15-608, as renumbered and amended by Laws of Utah 2008, Chapter 3
59 78B-15-609, as renumbered and amended by Laws of Utah 2008, Chapter 3
60 78B-15-613, as renumbered and amended by Laws of Utah 2008, Chapter 3
61 78B-15-614, as renumbered and amended by Laws of Utah 2008, Chapter 3
62 78B-15-615, as renumbered and amended by Laws of Utah 2008, Chapter 3
63 78B-15-616, as renumbered and amended by Laws of Utah 2008, Chapter 3
64 78B-15-617, as renumbered and amended by Laws of Utah 2008, Chapter 3
65 78B-15-618, as renumbered and amended by Laws of Utah 2008, Chapter 3
66 78B-15-620, as renumbered and amended by Laws of Utah 2008, Chapter 3
67 78B-15-622, as renumbered and amended by Laws of Utah 2008, Chapter 3
68 78B-15-623, as renumbered and amended by Laws of Utah 2008, Chapter 3
69 78B-15-705, as renumbered and amended by Laws of Utah 2008, Chapter 3
70 78B-15-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78B-15-802, as renumbered and amended by Laws of Utah 2008, Chapter 3
72 78B-15-803, as renumbered and amended by Laws of Utah 2008, Chapter 3
73 78B-15-806, as renumbered and amended by Laws of Utah 2008, Chapter 3
74 78B-15-808, as renumbered and amended by Laws of Utah 2008, Chapter 3
75
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 78B-6-110 is amended to read:
78 78B-6-110. Notice of adoption proceedings.
79 (1) (a) An unmarried biological father, by virtue of the fact that he has engaged in a
80 sexual relationship with a woman:
81 (i) is considered to be on notice that a pregnancy and an adoption proceeding regarding
82 the child may occur; and
83 (ii) has a duty to protect his own rights and interests.
84 (b) An unmarried biological father is entitled to actual notice of a birth or an adoption
85 proceeding with regard to his child only as provided in this section or Section 78B-6-110.5.
86 (2) Notice of an adoption proceeding shall be served on each of the following persons:
87 (a) any person or agency whose consent or relinquishment is required under Section
88 78B-6-120 or 78B-6-121, unless that right has been terminated by:
89 (i) waiver;
90 (ii) relinquishment;
91 (iii) actual consent, as described in Subsection (12); or
92 (iv) judicial action;
93 (b) any person who has initiated a paternity proceeding and filed notice of that action
94 with the state registrar of vital statistics within the Department of Health, in accordance with
95 Subsection (3);
96 (c) any legally appointed custodian or guardian of the adoptee;
97 (d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the
98 petition;
99 (e) the adoptee's spouse, if any;
100 (f) any person who, prior to the time the mother executes her consent for adoption or
101 relinquishes the child for adoption, is recorded on the birth certificate as the child's father, with
102 the knowledge and consent of the mother;
103 (g) a person who is:
104 (i) openly living in the same household with the child at the time the consent is
105 executed or relinquishment made; and
106 (ii) holding himself out to be the child's father; and
107 (h) any person who is married to the child's mother at the time she executes her consent
108 to the adoption or relinquishes the child for adoption, unless the court finds that the mother's
109 spouse is not the child's [
110 (3) (a) In order to preserve any right to notice, an unmarried biological father shall,
111 consistent with Subsection (3)(d):
112 (i) initiate proceedings in a district court of Utah to establish paternity under Title 78B,
113 Chapter 15, Utah Uniform Parentage Act; and
114 (ii) file a notice of commencement of the proceedings described in Subsection (3)(a)(i)
115 with the office of vital statistics within the Department of Health.
116 (b) If the unmarried, biological father does not know the county in which the birth
117 mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
118 Section 78B-3-307.
119 (c) The Department of Health shall provide forms for the purpose of filing the notice
120 described in Subsection (3)(a)(ii), and make those forms available in the office of the county
121 health department in each county.
122 (d) When the state registrar of vital statistics receives a completed form, the registrar
123 shall:
124 (i) record the date and time the form was received; and
125 (ii) immediately enter the information provided by the unmarried biological father in
126 the confidential registry established by Subsection 78B-6-121(3)(c).
127 (e) The action and notice described in Subsection (3)(a):
128 (i) may be filed before or after the child's birth; and
129 (ii) shall be filed prior to the mother's:
130 (A) execution of consent to adoption of the child; or
131 (B) relinquishment of the child for adoption.
132 (4) Notice provided in accordance with this section need not disclose the name of the
133 mother of the child who is the subject of an adoption proceeding.
134 (5) The notice required by this section:
135 (a) may be served at any time after the petition for adoption is filed, but may not be
136 served on a birth mother before she has given birth to the child who is the subject of the
137 petition for adoption;
138 (b) shall be served at least 30 days prior to the final dispositional hearing;
139 (c) shall specifically state that the person served shall fulfill the requirements of
140 Subsection (6)(a), within 30 days after the day on which the person receives service if the
141 person intends to intervene in or contest the adoption;
142 (d) shall state the consequences, described in Subsection (6)(b), for failure of a person
143 to file a motion for relief within 30 days after the day on which the person is served with notice
144 of an adoption proceeding;
145 (e) is not required to include, nor be accompanied by, a summons or a copy of the
146 petition for adoption; and
147 (f) shall state where the person may obtain a copy of the petition for adoption.
148 (6) (a) A person who has been served with notice of an adoption proceeding and who
149 wishes to contest the adoption shall file a motion to intervene in the adoption proceeding:
150 (i) within 30 days after the day on which the person was served with notice of the
151 adoption proceeding;
152 (ii) setting forth specific relief sought; and
153 (iii) accompanied by a memorandum specifying the factual and legal grounds upon
154 which the motion is based.
155 (b) A person who fails to fully and strictly comply with all of the requirements
156 described in Subsection (6)(a) within 30 days after the day on which the person was served
157 with notice of the adoption proceeding:
158 (i) waives any right to further notice in connection with the adoption;
159 (ii) forfeits all rights in relation to the adoptee; and
160 (iii) is barred from thereafter bringing or maintaining any action to assert any interest in
161 the adoptee.
162 (7) Service of notice under this section shall be made as follows:
163 (a) (i) Subject to Subsection (5)(e), service on a person whose consent is necessary
164 under Section 78B-6-120 or 78B-6-121 shall be in accordance with the provisions of the Utah
165 Rules of Civil Procedure.
166 (ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court
167 shall designate the content of the notice regarding the identity of the parties.
168 (iii) The notice described in this Subsection (7)(a) may not include the name of a
169 person seeking to adopt the adoptee.
170 (b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice
171 is required under this section, service by certified mail, return receipt requested, is sufficient.
172 (ii) If the service described in Subsection (7)(b)(i) cannot be completed after two
173 attempts, the court may issue an order providing for service by publication, posting, or by any
174 other manner of service.
175 (c) Notice to a person who has initiated a paternity proceeding and filed notice of that
176 action with the state registrar of vital statistics in the Department of Health in accordance with
177 the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
178 the last address filed with the registrar.
179 (8) The notice required by this section may be waived in writing by the person entitled
180 to receive notice.
181 (9) Proof of service of notice on all persons for whom notice is required by this section
182 shall be filed with the court before the final dispositional hearing on the adoption.
183 (10) Notwithstanding any other provision of law, neither the notice of an adoption
184 proceeding nor any process in that proceeding is required to contain the name of the person or
185 persons seeking to adopt the adoptee.
186 (11) Except as to those persons whose consent to an adoption is required under Section
187 78B-6-120 or 78B-6-121, the sole purpose of notice under this section is to enable the person
188 served to:
189 (a) intervene in the adoption; and
190 (b) present evidence to the court relevant to the best interest of the child.
191 (12) In order to be excused from the requirement to provide notice as described in
192 Subsection (2)(a) on the grounds that the person has provided consent to the adoption
193 proceeding under Subsection (2)(a)(iii), the consent may not be implied consent, as described
194 in Section 78B-6-120.1.
195 Section 2. Section 78B-6-120 is amended to read:
196 78B-6-120. Necessary consent to adoption or relinquishment for adoption.
197 (1) Except as provided in Subsection (2), consent to adoption of a child, or
198 relinquishment of a child for adoption, is required from:
199 (a) the adoptee, if the adoptee is more than 12 years of age, unless the adoptee does not
200 have the mental capacity to consent;
201 (b) a [
202 (i) by operation of law under Section 78B-15-204, is recognized as the [
203 of the proposed adoptee, unless:
204 (A) the presumption is rebutted under Section 78B-15-607; or
205 (B) the man was not married to the mother of the proposed adoptee until after the
206 mother consented to adoption, or relinquishment for adoption, of the proposed adoptee; or
207 (ii) is the father of the adoptee by a previous legal adoption;
208 (c) the mother of the adoptee;
209 (d) a biological parent who has been adjudicated to be the child's biological father by a
210 court of competent jurisdiction prior to the mother's execution of consent to adoption or her
211 relinquishment of the child for adoption;
212 (e) consistent with Subsection (3), a biological parent who has executed and filed a
213 voluntary declaration of paternity with the state registrar of vital statistics within the
214 Department of Health in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act,
215 prior to the mother's execution of consent to adoption or her relinquishment of the child for
216 adoption;
217 (f) an unmarried biological father, of an adoptee, whose consent is not required under
218 Subsection (1)(d) or (1)(e), only if he fully and strictly complies with the requirements of
219 Sections 78B-6-121 and 78B-6-122; and
220 (g) the person or agency to whom an adoptee has been relinquished and that is placing
221 the child for adoption.
222 (2) (a) The consent of a person described in Subsections (1)(b) through (g) is not
223 required if the adoptee is 18 years of age or older.
224 (b) The consent of a person described in Subsections (1)(b) through (f) is not required
225 if the person's parental rights relating to the adoptee have been terminated.
226 (3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered
227 filed when it is entered into a database that:
228 (a) can be accessed by the Department of Health; and
229 (b) is designated by the state registrar of vital statistics as the official database for
230 voluntary declarations of paternity.
231 Section 3. Section 78B-15-102 is amended to read:
232 78B-15-102. Definitions.
233 As used in this chapter:
234 (1) "Adjudicated [
235 tribunal to be [
236 (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
237 genetic father or a possible genetic father of a child, but whose paternity has not been
238 determined.
239 (3) "Assisted reproduction" means a method of causing pregnancy other than sexual
240 intercourse. The term includes:
241 (a) intrauterine insemination;
242 (b) donation of eggs;
243 (c) donation of embryos;
244 (d) in vitro fertilization and transfer of embryos; and
245 (e) intracytoplasmic sperm injection.
246 (4) "Birth expenses" means all medical costs associated with the birth of a child,
247 including the related expenses for the [
248 delivery.
249 (5) "Birth mother" means the [
250 (6) "Child" means an individual of any age whose parentage may be determined under
251 this chapter.
252 (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
253 in the appropriate tribunal of this state.
254 (8) "Declarant father" means a male who, along with the biological mother claims to be
255 the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
256 paternity.
257 (9) "Determination of parentage" means the establishment of the parent-child
258 relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
259 Declaration of Paternity Act, or adjudication by a tribunal.
260 (10) "Donor" means an individual who produces eggs or sperm used for assisted
261 reproduction, whether or not for consideration. The term does not include:
262 (a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
263 reproduction by the wife;
264 (b) a woman who gives birth to a child by means of assisted reproduction, except as
265 otherwise provided in Part 8, Gestational Agreement; or
266 (c) a parent under Part 7, Assisted Reproduction, or an intended parent under Part 8,
267 Gestational Agreement.
268 (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
269 that an individual identifies as all or part of the individual's ancestry or that is so identified by
270 other information.
271 (12) "Financial support" means a base child support award as defined in Section
272 78B-12-102, all past-due support which accrues under an order for current periodic payments,
273 and sum certain judgments for past-due support.
274 (13) "Genetic testing" means an analysis of genetic markers to exclude or identify a
275 man as the father or a woman as the mother of a child. The term includes an analysis of one or
276 a combination of the following:
277 (a) deoxyribonucleic acid; or
278 (b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
279 serum proteins, or red-cell enzymes.
280 (14) "Gestational mother" means an adult woman who gives birth to a child under a
281 gestational agreement.
282 (15) "Man," as defined in this chapter, means a male individual of any age.
283 (16) "Medical support" means a provision in a support order that requires the purchase
284 and maintenance of appropriate insurance for health and dental expenses of dependent children,
285 and assigns responsibility for uninsured medical expenses.
286 (17) "Parent" means an individual who has established a parent-child relationship
287 under Section 78B-15-201.
288 (18) "Parent-child relationship" means the legal relationship between a child and a
289 parent of the child. The term includes the mother-child relationship and the father-child
290 relationship.
291 (19) "Paternity index" means the likelihood of paternity calculated by computing the
292 ratio between:
293 (a) the likelihood that the tested man is the father, based on the genetic markers of the
294 tested man and child, conditioned on the hypothesis that the tested man is the father of the
295 child; and
296 (b) the likelihood that the tested man is not the father, based on the genetic markers of
297 the tested man and child, conditioned on the hypothesis that the tested man is not the father of
298 the child and that the father is of the same ethnic or racial group as the tested man.
299 (20) "Presumed [
300 Section 78B-15-204, is recognized as [
301 or confirmed as set forth in this chapter.
302 (21) "Probability of paternity" means the measure, for the ethnic or racial group to
303 which the alleged father belongs, of the probability that the man in question is the father of the
304 child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
305 a percentage incorporating the paternity index and a prior probability.
306 (22) "Record" means information that is inscribed on a tangible medium or that is
307 stored in an electronic or other medium and is retrievable in perceivable form.
308 (23) "Signatory" means an individual who authenticates a record and is bound by its
309 terms.
310 (24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
311 the United States Virgin Islands, any territory, Native American Tribe, or insular possession
312 subject to the jurisdiction of the United States.
313 (25) "Support-enforcement agency" means a public official or agency authorized under
314 Title IV-D of the Social Security Act which has the authority to seek:
315 (a) enforcement of support orders or laws relating to the duty of support;
316 (b) establishment or modification of child support;
317 (c) determination of parentage; or
318 (d) location of child-support obligors and their income and assets.
319 (26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
320 authorized to establish, enforce, or modify support orders or to determine parentage.
321 Section 4. Section 78B-15-104 is amended to read:
322 78B-15-104. Adjudication -- Jurisdiction.
323 (1) The district court, the juvenile court, and the Office of Recovery Services in
324 accordance with Section 62A-11-304.2 and Title 63G, Chapter 4, Administrative Procedures
325 Act, are authorized to adjudicate parentage under Part 1, General Provisions, Part 2, Parent and
326 Child Relationship, Part 3, Voluntary Declaration of Paternity Act, Part 4, Registry, Part 5,
327 Genetic Testing, Part 6, Adjudication of Parentage, and Part 9, Miscellaneous.
328 (2) The district court and the juvenile court have jurisdiction over proceedings under
329 Part 7, Assisted Reproduction, and Part 8, Gestational Agreement.
330 (3) The court shall, without adjudicating [
331 filed under this chapter by an unmarried biological father if he is not entitled to consent to the
332 adoption of the child under Sections 78B-6-121 and 78B-6-122.
333 Section 5. Section 78B-15-107 is amended to read:
334 78B-15-107. Effect.
335 An adjudication of parentage or declaration of paternity shall be filed with the state
336 registrar in accordance with Section 26-2-5.
337 Section 6. Section 78B-15-111 is amended to read:
338 78B-15-111. Default judgment.
339 Utah Rule of Civil Procedure 55, Default Judgment, shall apply to [
340 actions commenced under this chapter.
341 Section 7. Section 78B-15-112 is amended to read:
342 78B-15-112. Standard of proof.
343 The standard of proof in a trial to determine [
344 convincing evidence."
345 Section 8. Section 78B-15-113 is amended to read:
346 78B-15-113. Parent-time rights.
347 (1) If the tribunal determines that the alleged [
348 the tribunal may upon its own motion or upon motion of the [
349 parent-time rights in accordance with Sections 30-3-32 through 30-3-37 as it considers
350 appropriate under the circumstances.
351 (2) Parent-time rights may not be granted to [
352 child has been subsequently adopted.
353 Section 9. Section 78B-15-114 is amended to read:
354 78B-15-114. Social security number in tribunal records.
355 The social security number of any individual who is subject to a [
356 determination shall be placed in the records relating to the matter.
357 Section 10. Section 78B-15-115 is amended to read:
358 78B-15-115. Settlement agreements.
359 An agreement of settlement with [
360 approved by the tribunal.
361 Section 11. Section 78B-15-201 is amended to read:
362 78B-15-201. Establishment of parent-child relationship.
363 [
364 parent and a child by:
365 [
366 otherwise provided in Part 8, Gestational Agreement;
367 [
368 [
369 [
370 gestational mother if the agreement was validated under Part 8, Gestational Agreement, or is
371 enforceable under other law[
372 [
373 [
374 under Section 78B-15-204;
375 [
376 Declaration of Paternity Act, unless the declaration has been rescinded or successfully
377 challenged; or
378 [
379 [
380 [
381 Assisted Reproduction, which resulted in the birth of the child[
382 [
383
384
385 Section 12. Section 78B-15-202 is amended to read:
386 78B-15-202. No discrimination based on marital status.
387 A child born to parents who are not married to each other whose [
388 has been determined under this chapter has the same rights under the law as a child born to
389 parents who are married to each other.
390 Section 13. Section 78B-15-204 is amended to read:
391 78B-15-204. Presumption of parentage.
392 (1) A [
393 (a) [
394 child is born during the marriage;
395 (b) [
396 child is born within 300 days after the marriage is terminated by death, annulment, declaration
397 of invalidity, or divorce, or after a decree of separation;
398 (c) before the birth of the child, [
399 married each other in apparent compliance with law, even if the attempted marriage is or could
400 be declared invalid, and the child is born during the invalid marriage or within 300 days after
401 its termination by death, annulment, declaration of invalidity, or divorce or after a decree of
402 separation; or
403 (d) after the birth of the child, [
404 each other in apparent compliance with law, whether or not the marriage is, or could be
405 declared, invalid, [
406 there is no other presumptive [
407 (i) the assertion is in a record filed with the Office of Vital Records;
408 (ii) [
409 child's birth certificate; or
410 (iii) [
411 (2) A presumption of [
412 rebutted in accordance with Section 78B-15-607.
413 (3) If a child has an adjudicated [
414 inadmissable to challenge [
415 Section 14. Section 78B-15-301 is amended to read:
416 78B-15-301. Declaration of paternity.
417 The birth mother of a child and a man claiming to be the genetic father of the child may
418 sign a declaration of paternity to establish the paternity of the child.
419 Section 15. Section 78B-15-302 is amended to read:
420 78B-15-302. Execution of declaration of paternity.
421 (1) A declaration of paternity [
422 (a) be in a record;
423 (b) be signed, or otherwise authenticated, under penalty of perjury, by the birth mother
424 and by the declarant father;
425 (c) be signed by the birth mother and declarant father in the presence of two witnesses
426 who are not related by blood or marriage; and
427 (d) state that the child whose paternity is being declared:
428 (i) does not have a presumed [
429 full name is stated; and
430 (ii) does not have another declarant father or adjudicated [
431 (e) state whether there has been genetic testing and, if so, that the declarant man's claim
432 of paternity is consistent with the results of the testing; and
433 (f) state that the signatories understand that the declaration is the equivalent of a legal
434 finding of paternity of the child and that a challenge to the declaration is permitted only under
435 the limited circumstances described in Section 78B-15-307.
436 (2) If either the birth mother or the declarant father is a minor, the voluntary
437 declaration [
438 (3) A declaration of paternity is void if it:
439 (a) states that another [
440 [
441 with the Office of Vital Records in accordance with Section 78B-15-303;
442 (b) states that another [
443 or
444 (c) falsely denies the existence of a [
445 adjudicated [
446 (4) A presumed father may sign or otherwise authenticate [
447 declaration of paternity.
448 (5) The declaration of paternity shall be in a form prescribed by the Office of Vital
449 Records and shall be accompanied with a written and verbal notice of the alternatives to, the
450 legal consequences of, and the rights and responsibilities that arise from signing the
451 declaration.
452 (6) The social security number of any person who is subject to declaration of paternity
453 shall be placed in the records relating to the matter.
454 (7) The declaration of paternity shall become an amendment to the original birth
455 certificate. The original certificate and the declaration shall be marked as to be distinguishable.
456 The declaration may be included as part of subsequently issued certified copies of the birth
457 certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
458 information and the date of the amendment only.
459 (8) A declaration of paternity may be completed and signed any time after the birth of
460 the child. A declaration of paternity may not be signed or filed after consent to or
461 relinquishment for adoption has been signed.
462 (9) A declaration of paternity shall be considered effective when filed and entered into
463 a database established and maintained by the Office of Vital Records.
464 Section 16. Section 78B-15-303 is amended to read:
465 78B-15-303. Denial of parentage.
466 A presumed [
467 The denial is valid only if:
468 (1) a declaration of paternity signed, or otherwise authenticated, by another man is filed
469 pursuant to Section 78B-15-305;
470 (2) the denial is in a form prescribed by and filed with the Office of Vital Records, and
471 is signed, or otherwise authenticated, under penalty of perjury; and
472 (3) the presumed [
473 (a) declared his paternity, unless the previous declaration has been rescinded pursuant
474 to Section 78B-15-306 or successfully challenged pursuant to Section 78B-15-307; or
475 (b) been adjudicated to be [
476 Section 17. Section 78B-15-304 is amended to read:
477 78B-15-304. Rules for declaration of paternity and denial of parentage.
478 (1) A declaration of paternity and a denial of [
479 a single document. If the declaration and denial are both necessary, neither is valid until both
480 are signed and filed.
481 (2) A declaration of paternity or a denial of [
482 before the birth of the child.
483 (3) Subject to Subsection (1), a declaration of paternity or denial of [
484 parentage takes effect [
485 Office of Vital Records[
486 (4) A declaration of paternity or denial of [
487 by the minor's parent or legal guardian is valid if it is otherwise in compliance with this
488 chapter.
489 Section 18. Section 78B-15-305 is amended to read:
490 78B-15-305. Effect of declaration of paternity or denial of parentage.
491 (1) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid
492 declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of
493 [
494 of a parent.
495 (2) When a declaration of paternity is filed, it shall be recognized as a basis for a child
496 support order without any further requirement or proceeding regarding the establishment of
497 [
498 (a) The liabilities of the father include, but are not limited to, the reasonable expense of
499 the birth mother's pregnancy and confinement and for the education, necessary support, and any
500 funeral expenses for the child.
501 (b) When a father declares paternity, his liability for past amounts due is limited to the
502 period of four years immediately preceding the date that the voluntary declaration of paternity
503 was filed.
504 (3) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid
505 denial of [
506 of Vital Records in conjunction with a valid declaration of paternity is equivalent to a legal
507 finding of the [
508 discharges the presumed [
509 valid denial of [
510 presumed [
511 Section 19. Section 78B-15-306 is amended to read:
512 78B-15-306. Proceeding for rescission.
513 (1) A signatory may rescind a declaration of paternity or denial of [
514 by filing a voluntary rescission document with the Office of Vital Records in a form prescribed
515 by the office before the earlier of:
516 (a) 60 days after the effective date of the declaration or denial, as provided in Sections
517 78B-15-303 and 78B-15-304; or
518 (b) the date of notice of the first adjudicative proceeding to which the signatory is a
519 party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that
520 establishes support.
521 (2) Upon receiving a voluntary rescission document from a signatory under Subsection
522 (1), the Office of Vital Records shall provide notice of the rescission, by mail, to the other
523 signatory at the last-known address of that signatory.
524 Section 20. Section 78B-15-307 is amended to read:
525 78B-15-307. Challenge after expiration of period for rescission.
526 (1) After the period for rescission under Section 78B-15-306 has expired, a signatory
527 of a declaration of paternity or denial of [
528 agency, may commence a proceeding to challenge the declaration or denial only on the basis of
529 fraud, duress, or material mistake of fact.
530 (2) A party challenging a declaration of paternity or denial of [
531 the burden of proof.
532 (3) A challenge brought on the basis of fraud or duress may be commenced at any time.
533 (4) A challenge brought on the basis of a material mistake of fact may be commenced
534 within four years after the declaration is filed with the Office of Vital Records. For the
535 purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital
536 Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
537 (5) For purposes of Subsection (4), genetic test results that exclude a declarant father or
538 that rebuttably identify another man as the father in accordance with Section 78B-15-505
539 constitute a material mistake of fact.
540 Section 21. Section 78B-15-308 is amended to read:
541 78B-15-308. Procedure for rescission or challenge.
542 (1) Every signatory to a declaration of paternity and any related denial of [
543
544 denial.
545 (2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial
546 of [
547 declaration or denial, effective upon the filing of the document with the Office of Vital
548 Records.
549 (3) Except for good cause shown, during the pendency of a proceeding to rescind or
550 challenge a declaration of paternity or denial of [
551 suspend the legal responsibilities of a signatory arising from the declaration, including the duty
552 to pay child support.
553 (4) A proceeding to rescind or to challenge a declaration of paternity or denial of
554 [
555 parentage under Part 6, Adjudication of Parentage.
556 (5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity
557 or denial of [
558 the birth record of the child, if appropriate.
559 (6) If the declaration is rescinded, the declarant father may not recover child support he
560 paid prior to the entry of an order of rescission.
561 Section 22. Section 78B-15-310 is amended to read:
562 78B-15-310. Full faith and credit.
563 A tribunal of this state shall give full faith and credit to a declaration of paternity or
564 denial of [
565 signed and is otherwise in compliance with the law of the other state.
566 Section 23. Section 78B-15-311 is amended to read:
567 78B-15-311. Forms for declaration of paternity and denial of parentage and for
568 rescission of parentage.
569 (1) To facilitate compliance with this part, the Office of Vital Records shall prescribe
570 forms for the declaration of paternity, denial of parentage, and rescission of [
571 parentage.
572 (2) A valid declaration of paternity or denial of [
573 a later modification of the prescribed form.
574 Section 24. Section 78B-15-312 is amended to read:
575 78B-15-312. Release of information.
576 The Office of Vital Records may release information relating to the declaration of
577 paternity or denial of [
578 tribunals and federal, tribal, and state support-enforcement agencies of this or another state.
579 Section 25. Section 78B-15-401 is amended to read:
580 78B-15-401. Maintenance of records.
581 (1) The Office of Vital Records shall register the following records, which are filed
582 with the office:
583 (a) all declarations of paternity;
584 (b) all judicial and administrative determinations of [
585 (c) all notices of proceedings to establish [
586 pursuant to Sections 78B-6-110, 78B-6-120, 78B-6-121, and 78B-6-122.
587 (2) A notice of initiation of [
588 the registry unless accompanied by a copy of the pleading, which has been filed with the court
589 to establish [
590 (3) A notice of initiation of [
591 another [
592 Section 26. Section 78B-15-402 is amended to read:
593 78B-15-402. Effect of registration.
594 (1) An unmarried biological father who desires to be notified of a proceeding for
595 adoption of a child [
596 proceedings as required by Sections 78B-6-110, 78B-6-120, 78B-6-121, and 78B-6-122.
597 (2) A registrant shall promptly notify the registry in a record of any change in the
598 information registered. The Office of Vital Records shall incorporate all new information
599 received into its records but need not affirmatively seek to obtain current information for
600 incorporation in the registry.
601 Section 27. Section 78B-15-404 is amended to read:
602 78B-15-404. Required form.
603 (1) The Office of Vital Records shall prepare a form to be filed with the agency. The
604 form shall require the signature of the registrant and state that the form is signed under penalty
605 of perjury.
606 (2) The form shall also state that:
607 (a) a timely filing of notice of the initiation of [
608 is filed pursuant to Subsection 78B-15-402(1), entitles the registrant to notice of a proceeding
609 for adoption of the child;
610 (b) a timely filing does not commence a proceeding to establish [
611 (c) the information disclosed on the form may be used against the registrant to establish
612 [
613 (d) services to assist in establishing [
614 for adoption are available to the registrant through the Office of Recovery Services;
615 (e) the registrant should also file in another state if conception or birth of the child
616 occurred in the other state;
617 (f) information on registries of other states is available from the Office of Vital
618 Records; and
619 (g) procedures exist to remove the filing of a proceeding to establish [
620 parentage if the proceeding is dismissed, or if a finding of [
621 set aside under this chapter.
622 Section 28. Section 78B-15-405 is amended to read:
623 78B-15-405. Furnishing of information -- Confidentiality.
624 (1) The Office of Vital Records shall send a copy of the filing to a person or entity set
625 forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the
626 most recent address provided by the requestor.
627 (2) Information contained in records which are filed pursuant to Section 78B-15-401 is
628 confidential and may be released on request only to:
629 (a) a tribunal or a person designated by the tribunal;
630 (b) the birth mother of the child who is the subject of the filing;
631 (c) an agency authorized by other law to receive the information;
632 (d) a licensed child-placing agency;
633 (e) the Office of Recovery Services, the Office of the Attorney General, or a
634 support-enforcement agency of another state or tribe;
635 (f) a party or the party's attorney of record in a proceeding under this chapter or in a
636 proceeding for adoption of, or for termination of parental rights regarding, a child who is the
637 subject of the filing; and
638 (g) the registry of paternity or its equivalent in another state.
639 Section 29. Section 78B-15-410 is amended to read:
640 78B-15-410. Admissibility of information.
641 A certificate of search of the registry of paternity or its equivalent in this or another
642 state is admissible in a proceeding for adoption of a child and, if relevant, in other legal
643 proceedings.
644 Section 30. Section 78B-15-505 is amended to read:
645 78B-15-505. Genetic testing results -- Rebuttal.
646 (1) Under this chapter, a man is presumed to be identified as the father of a child if the
647 genetic testing complies with this part and the results disclose that:
648 (a) the man has at least a 99% probability of paternity, using a prior probability of 0.50,
649 as calculated by using the combined paternity index obtained in the testing; and
650 (b) a combined paternity index of at least 100 to 1.
651 (2) A man identified under Subsection (1) as the father of the child may rebut the
652 genetic testing results only by other genetic testing satisfying the requirements of this part
653 which:
654 (a) excludes the man as a genetic father of the child; or
655 (b) identifies another man as the possible father of the child.
656 (3) If an issue is raised as to whether the appropriate ethnic or racial group database
657 was used by the testing laboratory, the testing laboratory will be asked to rerun the test using
658 the correct ethnic or racial group database. If the testing laboratory does not have an adequate
659 database, another testing laboratory may be engaged to perform the calculations.
660 (4) If a presumption of [
661 tribunal shall issue an order establishing [
662 Section 31. Section 78B-15-507 is amended to read:
663 78B-15-507. Additional genetic testing.
664 The tribunal shall order additional genetic testing upon the request of a party who
665 contests the result of the original testing. If the previous genetic testing identified a man as the
666 father of the child under Section 78B-15-505, the tribunal may not order additional testing
667 unless the party provides advance payment for the testing. If the tribunal orders a second
668 genetic test in accordance with this section, the additional testing [
669 within 45 days of the tribunal's order or the requesting party's objection to the first test will be
670 automatically denied. If failure to complete the test occurs because of noncooperation of the
671 birth mother or unavailability of the child, the time will be tolled.
672 Section 32. Section 78B-15-602 is amended to read:
673 78B-15-602. Standing to maintain proceeding.
674 Subject to Part 3, Voluntary Declaration of Paternity Act, and Sections 78B-15-607 and
675 78B-15-609, a proceeding to adjudicate parentage may be maintained by:
676 (1) the child;
677 (2) the birth mother of the child;
678 (3) a [
679 (4) the support-enforcement agency or other governmental agency authorized by other
680 law;
681 (5) an authorized adoption agency or licensed child-placing agency;
682 (6) a representative authorized by law to act for an individual who would otherwise be
683 entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
684 (7) an intended parent under Part 8, Gestational Agreement.
685 Section 33. Section 78B-15-603 is amended to read:
686 78B-15-603. Parties to proceeding.
687 The following individuals shall be joined as parties in a proceeding to adjudicate
688 parentage:
689 (1) the birth mother of the child;
690 (2) a [
691 (3) the state pursuant to Section 78B-12-113.
692 Section 34. Section 78B-15-605 is amended to read:
693 78B-15-605. Venue.
694 Venue for a judicial proceeding to adjudicate parentage is in the county of this state in
695 which:
696 (1) the child resides or is found;
697 (2) the respondent resides or is found if the child does not reside in this state; or
698 (3) a proceeding for probate or administration of the presumed or alleged [
699 parent's estate has been commenced.
700 Section 35. Section 78B-15-606 is amended to read:
701 78B-15-606. No limitation -- Child having no declarant father or adjudicated
702 parent.
703 A proceeding to adjudicate the parentage of a child having no declarant father or
704 adjudicated [
705 an adult, only the child may initiate the proceeding.
706 Section 36. Section 78B-15-607 is amended to read:
707 78B-15-607. Limitation -- Child having presumed parent.
708 (1) [
709 presumed [
710 raised by the presumed [
711 any time prior to filing an action for divorce or in the pleadings at the time of the divorce of the
712 parents.
713 (a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the
714 tribunal in accordance with Section 78B-15-608. Failure of the birth mother of the child to
715 appear for testing may result in an order allowing a motherless calculation of paternity. Failure
716 of [
717 presumed [
718 to compel the cooperation of the [
719 parentage has been raised in the pleadings in a divorce and the tribunal addresses the issue and
720 enters an order, the parties are estopped from raising the issue again, and the order of the
721 tribunal may not be challenged on the basis of material mistake of fact.
722 (b) If the presumed [
723 parentage, then denial of a motion seeking an order for genetic testing or a decision to
724 disregard genetic test results shall be based on a preponderance of the evidence.
725 (c) If the birth mother seeks to rebut the presumption of [
726 mother has the burden to show by a preponderance of the evidence that it would be in the best
727 interests of the child to disestablish the parent-child relationship.
728 (d) If a support enforcement agency seeks to rebut the presumption of parentage, then
729 denial of a motion seeking an order for genetic testing or a decision to disregard genetic test
730 results shall be based on a preponderance of the evidence, taking into account the best interests
731 of the child.
732 (2) For the presumption outside of marriage described in Subsection 78B-15-204(1)(d),
733 the presumption may be rebutted at any time if the tribunal determines that the presumed
734 [
735 intercourse with each other during the probable time of conception.
736 (3) The presumption may be rebutted by:
737 (a) genetic test results that exclude the presumed [
738 (b) genetic test results that rebuttably identify another [
739 parent in accordance with Section 78B-15-505;
740 (c) evidence that the presumed [
741 cohabited nor engaged in sexual intercourse with each other during the probable time of
742 conception; or
743 (d) an adjudication under this part.
744 (4) There is no presumption to rebut if the presumed [
745 served and there has been a final adjudication of the issue.
746 Section 37. Section 78B-15-608 is amended to read:
747 78B-15-608. Authority to deny motion for genetic testing or disregard test results.
748 (1) In a proceeding to adjudicate the parentage of a child having a presumed [
749 parent or to challenge the paternity of a child having a declarant father, the tribunal may deny a
750 motion seeking an order for genetic testing of the birth mother, the child, [
751 parent, or the declarant father, or if testing has been completed, the tribunal may disregard
752 genetic test results that exclude the presumed parent or declarant father if the tribunal
753 determines that:
754 (a) the conduct of the birth mother or the presumed parent or declarant father estops
755 that party from denying parentage; and
756 (b) it would be inequitable to disrupt the [
757 between the child and the presumed parent or declarant father.
758 (2) In determining whether to deny a motion seeking an order for genetic testing or to
759 disregard genetic test results under this section, the tribunal shall consider the best interest of
760 the child, including the following factors:
761 (a) the length of time between the proceeding to adjudicate parentage and the time that
762 the presumed parent or declarant father was placed on notice that [
763 the genetic [
764 (b) the length of time during which the presumed parent or declarant father has
765 assumed the role of [
766 (c) the facts surrounding the presumed parent or declarant father's discovery of [
767 possible [
768 (d) the nature of the relationship between the child and the presumed parent or
769 declarant father;
770 (e) the age of the child;
771 (f) the harm that may result to the child if presumed parentage or declared paternity is
772 successfully disestablished;
773 (g) the nature of the relationship between the child and any alleged [
774 (h) the extent to which the passage of time reduces the chances of establishing the
775 [
776 child; and
777 (i) other factors that may affect the equities arising from the disruption of the
778 [
779 father or the chance of other harm to the child.
780 (3) If the tribunal denies a motion seeking an order for genetic testing or disregards
781 genetic test results that exclude the presumed parent or declarant father, [
782 issue an order adjudicating the presumed parent or declarant father to be [
783 the child.
784 Section 38. Section 78B-15-609 is amended to read:
785 78B-15-609. Limitation -- Child having declarant father.
786 (1) If a child has a declarant father, a signatory to the declaration of paternity or denial
787 of [
788 to rescind the declaration or denial or challenge the [
789 within the time allowed under Section 78B-15-306 or 78B-15-307.
790 (2) A proceeding under this section is subject to the application of the principles of
791 estoppel established in Section 78B-15-608.
792 Section 39. Section 78B-15-613 is amended to read:
793 78B-15-613. Admissibility of results of genetic testing -- Expenses.
794 (1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert
795 is admissible as evidence of the truth of the facts asserted in the report unless a party objects to
796 its admission within 14 days after its receipt by the objecting party and cites specific grounds
797 for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The
798 admissibility of the report is not affected by whether the testing was performed:
799 (a) voluntarily or pursuant to an order of the tribunal; or
800 (b) before or after the commencement of the proceeding.
801 (2) A party objecting to the results of genetic testing may call one or more
802 genetic-testing experts to testify in person or by telephone, video conference, deposition, or
803 another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party
804 offering the testimony bears the expense for the expert testifying.
805 (3) If a child has a presumed parent or declarant father, the results of genetic testing are
806 inadmissible to adjudicate parentage unless performed:
807 (a) pursuant to Section 78B-15-503;
808 (b) within the time periods set forth in this chapter; and
809 (c) pursuant to a tribunal order or administrative process; or
810 (d) with the consent of both the birth mother and the presumed parent or declarant
811 father.
812 (4) If a child has an adjudicated [
813 inadmissible to challenge [
814 and 78B-15-608.
815 (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the
816 birth mother and child [
817 before the date of a hearing are admissible to establish:
818 (a) the amount of the charges billed; and
819 (b) that the charges were reasonable, necessary, and customary.
820 Section 40. Section 78B-15-614 is amended to read:
821 78B-15-614. Consequences of failing to submit to genetic testing.
822 (1) An order for genetic testing is enforceable by contempt.
823 (2) If an individual whose [
824 genetic testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage
825 contrary to the position of that individual.
826 (3) Genetic testing of the birth mother of a child is not a condition precedent to testing
827 the child and a [
828 mother is unavailable or fails to submit to genetic testing, the tribunal may order the testing of
829 the child and every [
830 Section 41. Section 78B-15-615 is amended to read:
831 78B-15-615. Admission of parentage authorized.
832 (1) A respondent in a proceeding to adjudicate parentage may admit to the [
833 parentage of a child by filing a pleading to that effect or by admitting [
834 under penalty of perjury when making an appearance or during a hearing.
835 (2) If the tribunal finds that the admission of [
836 requirements of this section and finds that there is no reason to question the admission, the
837 tribunal shall issue an order adjudicating the child to be the child of the [
838 [
839 Section 42. Section 78B-15-616 is amended to read:
840 78B-15-616. Temporary order.
841 (1) In a proceeding under this part, the tribunal shall issue a temporary order for
842 support of a child if the order is appropriate and the individual ordered to pay support is:
843 (a) a presumed [
844 (b) petitioning to have his [
845 (c) identified as the [
846 (d) an alleged [
847 (e) shown by clear and convincing evidence to be [
848 (f) the birth mother of the child.
849 (2) A temporary tribunal order may include provisions for custody and visitation as
850 provided by other laws of this state.
851 Section 43. Section 78B-15-617 is amended to read:
852 78B-15-617. Rules for adjudication of parentage.
853 The tribunal shall apply the following rules to adjudicate the [
854 child:
855 (1) The [
856 presumed or adjudicated [
857 testing excluding that [
858 parent of the child or identifying another [
859 (2) Unless the results of genetic testing are admitted to rebut other results of genetic
860 testing, a [
861 [
862 under Section 78B-15-608.
863 (3) If the tribunal finds that genetic testing under Section 78B-15-505 neither identifies
864 nor excludes a [
865 proceeding. In that event, the tribunal shall order further testing.
866 (4) Unless the results of genetic testing are admitted to rebut other results of genetic
867 testing, a [
868 [
869 Section 44. Section 78B-15-618 is amended to read:
870 78B-15-618. Adjudication of parentage -- Jury trial prohibited.
871 A jury trial is prohibited to adjudicate [
872 Section 45. Section 78B-15-620 is amended to read:
873 78B-15-620. Adjudication of parentage -- Order on default.
874 The tribunal shall issue an order adjudicating [
875 parent who:
876 (1) after service of process, is in default; and
877 (2) is found by the tribunal to be [
878 Section 46. Section 78B-15-622 is amended to read:
879 78B-15-622. Order adjudicating parentage.
880 (1) The tribunal shall issue an order adjudicating whether a [
881 claiming to be [
882 (2) An order adjudicating parentage [
883 birth.
884 (3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees,
885 reasonable attorney fees, fees for genetic testing, other costs, necessary travel, and other
886 reasonable expenses incurred in a proceeding under this part. The tribunal may award attorney
887 fees, which may be paid directly to the attorney, who may enforce the order in the attorney's
888 own name.
889 (4) The tribunal may not assess fees, costs, or expenses against the
890 support-enforcement agency of this state or another state, except as provided by law.
891 (5) On request of a party and for good cause shown, the tribunal may order that the
892 name of the child be changed.
893 (6) If the order of the tribunal is at variance with the child's birth certificate, the
894 tribunal shall order the Office of Vital Records to issue an amended birth registration.
895 Section 47. Section 78B-15-623 is amended to read:
896 78B-15-623. Binding effect of determination of parentage.
897 (1) Except as otherwise provided in Subsection (2), a determination of parentage is
898 binding on:
899 (a) all signatories to a declaration of paternity or denial of [
900 provided in Part 3, Voluntary Declaration of Paternity Act; and
901 (b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
902 the jurisdictional requirements of Section 78B-14-201.
903 (2) A child is not bound by a determination of parentage under this chapter unless:
904 (a) the determination was based on an unrescinded declaration of paternity and the
905 declaration is consistent with the results of genetic testing;
906 (b) the adjudication of parentage was based on a finding consistent with the results of
907 genetic testing and the consistency is declared in the determination or is otherwise shown; or
908 (c) the child was a party or was represented in the proceeding determining parentage by
909 a guardian ad litem.
910 (3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
911 adjudication of the parentage of a child if the question of [
912 tribunal adjudicates according to Part 6, Adjudication of Parentage, and the final order:
913 (a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
914 similar words indicating that the [
915 (b) provides for support of the child by the [
916 parentage is specifically disclaimed in the order.
917 (4) The tribunal is not considered to have made an adjudication of the parentage of a
918 child if the child was born at the time of entry of the order and other children are named as
919 children of the marriage, but that child is specifically not named.
920 (5) Once the [
921 was not a party to the [
922 parentage, unless:
923 (a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
924 (b) the challenger can demonstrate by clear and convincing evidence that the challenger
925 did not know about the adjudicatory proceeding or did not have a reasonable opportunity to
926 know of the proceeding; and
927 (c) there would be harm to the child to leave the order in place.
928 (6) A party to an adjudication of [
929 only under law of this state relating to appeal, vacation of judgments, or other judicial review.
930 Section 48. Section 78B-15-705 is amended to read:
931 78B-15-705. Limitation on spouse's dispute of parentage.
932 (1) Except as otherwise provided in Subsection (2), the [
933 birth mother who gives birth to a child by means of assisted reproduction may not challenge
934 [
935 (a) within two years after learning of the birth of the child [
936 a proceeding to adjudicate [
937 (b) the tribunal finds that [
938 before or after the birth of the child.
939 (2) A proceeding to adjudicate [
940 the tribunal determines that:
941 (a) the husband did not provide sperm for, or before or after the birth of the child
942 consent to, assisted reproduction by his wife;
943 (b) the [
944 probable time of assisted reproduction; and
945 (c) the [
946 (3) The limitation provided in this section applies to a marriage declared invalid after
947 assisted reproduction.
948 Section 49. Section 78B-15-801 is amended to read:
949 78B-15-801. Gestational agreement authorized.
950 (1) A prospective gestational mother, her [
951 the donors, and the intended parents may enter into a written agreement providing that:
952 (a) the prospective gestational mother agrees to pregnancy by means of assisted
953 reproduction;
954 (b) the prospective gestational mother, her [
955 donors relinquish all rights and duties as the parents of a child conceived through assisted
956 reproduction; and
957 (c) the intended parents become the parents of the child.
958 (2) The intended gestational mother may not currently be receiving Medicaid or any
959 other state assistance.
960 (3) The intended parents shall be married, and both spouses [
961 the gestational agreement.
962 (4) A gestational agreement is enforceable only if validated as provided in Section
963 78B-15-803.
964 (5) A gestational agreement does not apply to the birth of a child conceived by means
965 of sexual intercourse or if neither intended parent is a donor.
966 (6) The parties to a gestational agreement shall be 21 years of age or older.
967 (7) The gestational mother's eggs may not be used in the assisted reproduction
968 procedure.
969 (8) If the gestational mother is married, her [
970 be used in the assisted reproduction procedure.
971 Section 50. Section 78B-15-802 is amended to read:
972 78B-15-802. Requirements of petition.
973 (1) The intended parents and the prospective gestational mother may file a petition in
974 the district tribunal to validate a gestational agreement.
975 (2) A petition to validate a gestational agreement may not be maintained unless either
976 the gestational mother or intended parents have been residents of this state for at least 90 days.
977 (3) The prospective gestational mother's [
978 shall join in the petition.
979 (4) A copy of the gestational agreement [
980 Section 51. Section 78B-15-803 is amended to read:
981 78B-15-803. Hearing to validate gestational agreement.
982 (1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
983 validating the gestational agreement and declaring that the intended parents will be the parents
984 of a child born during the term of the agreement.
985 (2) The tribunal may issue an order under Subsection (1) only on finding that:
986 (a) the residence requirements of Section 78B-15-802 have been satisfied and the
987 parties have submitted to jurisdiction of the tribunal under the jurisdictional standards of this
988 part;
989 (b) medical evidence shows that the intended mother is unable to bear a child or is
990 unable to do so without unreasonable risk to her physical or mental health or to the unborn
991 child;
992 (c) unless waived by the tribunal, a home study of the intended parents has been
993 conducted in accordance with Sections 78B-6-128 through 78B-6-131, and the intended
994 parents meet the standards of fitness applicable to adoptive parents;
995 (d) all parties have participated in counseling with a licensed mental health
996 professional as evidenced by a certificate signed by the licensed mental health professional
997 which affirms that all parties have discussed options and consequences of the agreement and
998 presented to the tribunal;
999 (e) all parties have voluntarily entered into the agreement and understand its terms;
1000 (f) the prospective gestational mother has had at least one pregnancy and delivery and
1001 her bearing another child will not pose an unreasonable health risk to the unborn child or to the
1002 physical or mental health of the prospective gestational mother;
1003 (g) adequate provision has been made for all reasonable health-care expense associated
1004 with the gestational agreement until the birth of the child, including responsibility for those
1005 expenses if the agreement is terminated;
1006 (h) the consideration, if any, paid to the prospective gestational mother is reasonable;
1007 (i) all the parties to the agreement are 21 years of age or older;
1008 (j) the gestational mother's eggs are not being used in the assisted reproduction
1009 procedure; and
1010 (k) if the gestational mother is married, her [
1011 not being used in the assisted reproduction procedure.
1012 (3) Whether to validate a gestational agreement is within the discretion of the tribunal,
1013 subject only to review for abuse of discretion.
1014 Section 52. Section 78B-15-806 is amended to read:
1015 78B-15-806. Termination of gestational agreement.
1016 (1) After issuance of an order under this part, but before the prospective gestational
1017 mother becomes pregnant by means of assisted reproduction, the prospective gestational
1018 mother, her [
1019 agreement only by giving written notice of termination to all other parties.
1020 (2) The tribunal for good cause shown also may terminate the gestational agreement.
1021 (3) An individual who terminates an agreement shall file notice of the termination with
1022 the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
1023 An individual who does not notify the tribunal of the termination of the agreement is subject to
1024 appropriate sanctions.
1025 (4) Neither a prospective gestational mother nor her [
1026 to the intended parents for terminating an agreement pursuant to this section.
1027 Section 53. Section 78B-15-808 is amended to read:
1028 78B-15-808. Gestational agreement -- Miscellaneous provisions.
1029 (1) A gestational agreement may provide for payment of consideration.
1030 (2) A gestational agreement may not limit the right of the gestational mother to make
1031 decisions to safeguard her health or that of the embryo or fetus.
1032 (3) After the issuance of an order under this part, subsequent marriage of the
1033 gestational mother does not affect the validity of a gestational agreement, and her [
1034 spouse's consent to the agreement is not required, nor is her [
1035 [
Legislative Review Note
Office of Legislative Research and General Counsel