1     
GESTATIONAL AGREEMENTS REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses gestational agreements.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals provisions addressing gestational agreements; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          78B-15-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
21          78B-15-104, as last amended by Laws of Utah 2010, Chapter 237
22          78B-15-201, as last amended by Laws of Utah 2017, Chapter 156
23          78B-15-602, as renumbered and amended by Laws of Utah 2008, Chapter 3
24          78B-15-701, as renumbered and amended by Laws of Utah 2008, Chapter 3
25     REPEALS:
26          78B-15-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
27          78B-15-802, as renumbered and amended by Laws of Utah 2008, Chapter 3
28          78B-15-803, as renumbered and amended by Laws of Utah 2008, Chapter 3
29          78B-15-804, as renumbered and amended by Laws of Utah 2008, Chapter 3
30          78B-15-805, as renumbered and amended by Laws of Utah 2008, Chapter 3
31          78B-15-806, as renumbered and amended by Laws of Utah 2008, Chapter 3
32          78B-15-807, as renumbered and amended by Laws of Utah 2008, Chapter 3
33          78B-15-808, as renumbered and amended by Laws of Utah 2008, Chapter 3
34          78B-15-809, as renumbered and amended by Laws of Utah 2008, Chapter 3
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 78B-15-102 is amended to read:
38          78B-15-102. Definitions.
39          As used in this chapter:
40          (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
41     father of a child.
42          (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
43     genetic father or a possible genetic father of a child, but whose paternity has not been
44     determined.
45          (3) "Assisted reproduction" means a method of causing pregnancy other than sexual
46     intercourse. The term includes:
47          (a) intrauterine insemination;
48          (b) donation of eggs;
49          (c) donation of embryos;
50          (d) in vitro fertilization and transfer of embryos; and
51          (e) intracytoplasmic sperm injection.
52          (4) "Birth expenses" means all medical costs associated with the birth of a child,
53     including the related expenses for the biological mother during her pregnancy and delivery.
54          (5) "Birth mother" means the biological mother of a child.
55          (6) "Child" means an individual of any age whose parentage may be determined under
56     this chapter.
57          (7) "Commence" means to file the initial pleading seeking an adjudication of parentage
58     in the appropriate tribunal of this state.
59          (8) "Declarant father" means a male who, along with the biological mother claims to be
60     the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
61     paternity.
62          (9) "Determination of parentage" means the establishment of the parent-child
63     relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
64     Declaration of Paternity Act, or adjudication by a tribunal.
65          (10) "Donor" means an individual who produces eggs or sperm used for assisted
66     reproduction, whether or not for consideration. The term does not include:
67          (a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
68     reproduction by the wife;
69          (b) a woman who gives birth to a child by means of assisted reproduction[, except as
70     otherwise provided in Part 8, Gestational Agreement]; or
71          (c) a parent under Part 7, Assisted Reproduction[, or an intended parent under Part 8,
72     Gestational Agreement].
73          (11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
74     that an individual identifies as all or part of the individual's ancestry or that is so identified by
75     other information.
76          (12) "Financial support" means a base child support award as defined in Section
77     78B-12-102, all past-due support which accrues under an order for current periodic payments,
78     and sum certain judgments for past-due support.
79          (13) "Genetic testing" means an analysis of genetic markers to exclude or identify a
80     man as the father or a woman as the mother of a child. The term includes an analysis of one or
81     a combination of the following:
82          (a) deoxyribonucleic acid; or
83          (b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
84     serum proteins, or red-cell enzymes.
85          [(14) "Gestational mother" means an adult woman who gives birth to a child under a
86     gestational agreement.]
87          [(15)] (14) "Man," as defined in this chapter, means a male individual of any age.
88          [(16)] (15) "Medical support" means a provision in a support order that requires the
89     purchase and maintenance of appropriate insurance for health and dental expenses of
90     dependent children, and assigns responsibility for uninsured medical expenses.
91          [(17)] (16) "Parent" means an individual who has established a parent-child
92     relationship under Section 78B-15-201.
93          [(18)] (17) "Parent-child relationship" means the legal relationship between a child and
94     a parent of the child. The term includes the mother-child relationship and the father-child
95     relationship.
96          [(19)] (18) "Paternity index" means the likelihood of paternity calculated by computing
97     the ratio between:
98          (a) the likelihood that the tested man is the father, based on the genetic markers of the
99     tested man and child, conditioned on the hypothesis that the tested man is the father of the
100     child; and
101          (b) the likelihood that the tested man is not the father, based on the genetic markers of
102     the tested man and child, conditioned on the hypothesis that the tested man is not the father of
103     the child and that the father is of the same ethnic or racial group as the tested man.
104          [(20)] (19) "Presumed father" means a man who, by operation of law under Section
105     78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as
106     set forth in this chapter.
107          [(21)] (20) "Probability of paternity" means the measure, for the ethnic or racial group
108     to which the alleged father belongs, of the probability that the man in question is the father of
109     the child, compared with a random, unrelated man of the same ethnic or racial group, expressed
110     as a percentage incorporating the paternity index and a prior probability.
111          [(22)] (21) "Record" means information that is inscribed on a tangible medium or that
112     is stored in an electronic or other medium and is retrievable in perceivable form.
113          [(23)] (22) "Signatory" means an individual who authenticates a record and is bound by
114     its terms.
115          [(24)] (23) "State" means a state of the United States, the District of Columbia, Puerto
116     Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular
117     possession subject to the jurisdiction of the United States.
118          [(25)] (24) "Support-enforcement agency" means a public official or agency authorized
119     under Title IV-D of the Social Security Act which has the authority to seek:
120          (a) enforcement of support orders or laws relating to the duty of support;
121          (b) establishment or modification of child support;
122          (c) determination of parentage; or
123          (d) location of child-support obligors and their income and assets.
124          [(26)] (25) "Tribunal" means a court of law, administrative agency, or quasi-judicial
125     entity authorized to establish, enforce, or modify support orders or to determine parentage.
126          Section 2. Section 78B-15-104 is amended to read:
127          78B-15-104. Adjudication -- Jurisdiction.
128          (1) The district court, the juvenile court, and the Office of Recovery Services in
129     accordance with Section 62A-11-304.2 and Title 63G, Chapter 4, Administrative Procedures
130     Act, are authorized to adjudicate parentage under Part 1, General Provisions, Part 2, Parent and
131     Child Relationship, Part 3, Voluntary Declaration of Paternity Act, Part 4, Registry, Part 5,
132     Genetic Testing, Part 6, Adjudication of Parentage, and Part 9, Miscellaneous.
133          (2) The district court and the juvenile court have jurisdiction over proceedings under
134     Part 7, Assisted Reproduction[, and Part 8, Gestational Agreement].
135          (3) The court shall, without adjudicating paternity, dismiss a petition that is filed under
136     this chapter by an unmarried biological father if he is not entitled to consent to the adoption of
137     the child under Sections 78B-6-121 and 78B-6-122.
138          Section 3. Section 78B-15-201 is amended to read:
139          78B-15-201. Establishment of parent-child relationship.
140          (1) (a) The mother-child relationship is established between a woman and a child by:
141          (i) the woman's having given birth to the child[, except as otherwise provided in Part 8,
142     Gestational Agreement];
143          (ii) an adjudication of the woman's maternity;
144          (iii) adoption of the child by the woman; or
145          [(iv) an adjudication confirming the woman as a parent of a child born to a gestational
146     mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
147     under other law; or]
148          [(v)] (iv) an unrebutted presumption of maternity of the child established in the same
149     manner as under Section 78B-15-204.
150          (b) In this chapter, the presumption of maternity shall be treated the same as a
151     presumption of paternity as established in Subsection 78B-15-201(2)(a).
152          (2) The father-child relationship is established between a man and a child by:
153          (a) an unrebutted presumption of the man's paternity of the child under Section
154     78B-15-204;
155          (b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration
156     of Paternity Act, unless the declaration has been rescinded or successfully challenged;
157          (c) an adjudication of the man's paternity;
158          (d) adoption of the child by the man; or
159          (e) the man having consented to assisted reproduction by a woman under Part 7,
160     Assisted Reproduction, which resulted in the birth of the child[; or].
161          [(f) an adjudication confirming the man as a parent of a child born to a gestational
162     mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
163     under other law.]
164          Section 4. Section 78B-15-602 is amended to read:
165          78B-15-602. Standing to maintain proceeding.
166          Subject to Part 3, Voluntary Declaration of Paternity Act, and Sections 78B-15-607 and
167     78B-15-609, a proceeding to adjudicate parentage may be maintained by:
168          (1) the child;
169          (2) the mother of the child;
170          (3) a man whose paternity of the child is to be adjudicated;
171          (4) the support-enforcement agency or other governmental agency authorized by other
172     law;
173          (5) an authorized adoption agency or licensed child-placing agency; or
174          (6) a representative authorized by law to act for an individual who would otherwise be
175     entitled to maintain a proceeding but who is deceased, incapacitated, or a minor[; or].
176          [(7) an intended parent under Part 8, Gestational Agreement.]
177          Section 5. Section 78B-15-701 is amended to read:
178          78B-15-701. Scope.
179          This part does not apply to the birth of a child conceived by means of sexual
180     intercourse[, or as result of a gestational agreement as provided in Part 8, Gestational
181     Agreement].
182          Section 6. Repealer.
183          This bill repeals:
184          Section 78B-15-801, Gestational agreement authorized.
185          Section 78B-15-802, Requirements of petition.
186          Section 78B-15-803, Hearing to validate gestational agreement.
187          Section 78B-15-804, Inspection of records.
188          Section 78B-15-805, Exclusive, continuing jurisdiction.
189          Section 78B-15-806, Termination of gestational agreement.
190          Section 78B-15-807, Parentage under validated gestational agreement.
191          Section 78B-15-808, Gestational agreement -- Miscellaneous provisions.
192          Section 78B-15-809, Effect of nonvalidated gestational agreement.




Legislative Review Note
Office of Legislative Research and General Counsel