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S.B. 14
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House Committee Amendments 2-14-2005 dd/ecm
- 1 -
Senate Committee Amendments 1-20-2005 rd/ecm
This document includes Senate Committee Amendments incorporated into the bill on Thu,
Jan 20, 2005 at 11:33 AM by rday. -->
This document includes House Committee Amendments incorporated into the bill on Mon,
Feb 14, 2005 at 3:29 PM by ddonat. -->
This document includes House Floor Amendments incorporated into the bill on Wed, Feb 16,
2005 at 5:24 PM by chopkin. -->
1
UNIFORM PARENTAGE ACT
2
2005 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Lyle W. Hillyard
5
6
LONG TITLE
7
General Description:
8
This bill enacts the Utah Uniform Parentage Act.
9
Highlighted Provisions:
10
This bill:
11
. sets out guidelines for determining and declaring paternity;
12
. provides mechanisms for registering paternity;
13
. sets specific guidelines for surrogacy and assisted reproduction arrangements;
14
. provides conditions under which genetic testing may be requested or required;
15
. provides direction for state offices concerning adjudication of parentage and the
16
filing and issuance of birth certificates;
17
. sets penalties for unauthorized release of information; and
18
. sets responsibilities for all parties when the parentage of a child is in question.
19
Monies Appropriated in this Bill:
20
None
21
Other Special Clauses:
22
S [
This bill has an immediate effective date.
] H. [
THIS BILL TAKES EFFECT ON
JANUARY
22a
1, 2006.
s
] None .H
23
Utah Code Sections Affected:
24
AMENDS:
25
26-2-2, as last amended by Chapter 176, Laws of Utah 2003
26
26-2-5, as last amended by Chapter 176, Laws of Utah 2003
27
30-1-17.2, as last amended by Chapter 255, Laws of Utah 2001
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28
75-2-114, as repealed and reenacted by Chapter 39, Laws of Utah 1998
29
78-30-4.13, as last amended by Chapter 122, Laws of Utah 2004
30
ENACTS:
31
78-45g-101, Utah Code Annotated 1953
32
78-45g-102, Utah Code Annotated 1953
33
78-45g-103, Utah Code Annotated 1953
34
78-45g-104, Utah Code Annotated 1953
35
78-45g-105, Utah Code Annotated 1953
36
78-45g-106, Utah Code Annotated 1953
37
78-45g-107, Utah Code Annotated 1953
38
78-45g-108, Utah Code Annotated 1953
39
78-45g-109, Utah Code Annotated 1953
40
78-45g-110, Utah Code Annotated 1953
41
78-45g-111, Utah Code Annotated 1953
42
78-45g-112, Utah Code Annotated 1953
43
78-45g-113, Utah Code Annotated 1953
44
78-45g-114, Utah Code Annotated 1953
45
78-45g-115, Utah Code Annotated 1953
46
78-45g-201, Utah Code Annotated 1953
47
78-45g-202, Utah Code Annotated 1953
48
78-45g-203, Utah Code Annotated 1953
49
78-45g-204, Utah Code Annotated 1953
50
78-45g-301, Utah Code Annotated 1953
51
78-45g-302, Utah Code Annotated 1953
52
78-45g-303, Utah Code Annotated 1953
53
78-45g-304, Utah Code Annotated 1953
54
78-45g-305, Utah Code Annotated 1953
55
78-45g-306, Utah Code Annotated 1953
56
78-45g-307, Utah Code Annotated 1953
57
78-45g-308, Utah Code Annotated 1953
58
78-45g-309, Utah Code Annotated 1953
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78-45g-310, Utah Code Annotated 1953
60
78-45g-311, Utah Code Annotated 1953
61
78-45g-312, Utah Code Annotated 1953
62
78-45g-313, Utah Code Annotated 1953
63
78-45g-401, Utah Code Annotated 1953
64
78-45g-402, Utah Code Annotated 1953
65
78-45g-403, Utah Code Annotated 1953
66
78-45g-404, Utah Code Annotated 1953
67
78-45g-405, Utah Code Annotated 1953
68
78-45g-406, Utah Code Annotated 1953
69
78-45g-407, Utah Code Annotated 1953
70
78-45g-408, Utah Code Annotated 1953
71
78-45g-409, Utah Code Annotated 1953
72
78-45g-410, Utah Code Annotated 1953
73
78-45g-501, Utah Code Annotated 1953
74
78-45g-502, Utah Code Annotated 1953
75
78-45g-503, Utah Code Annotated 1953
76
78-45g-504, Utah Code Annotated 1953
77
78-45g-505, Utah Code Annotated 1953
78
78-45g-506, Utah Code Annotated 1953
79
78-45g-507, Utah Code Annotated 1953
80
78-45g-508, Utah Code Annotated 1953
81
78-45g-509, Utah Code Annotated 1953
82
78-45g-510, Utah Code Annotated 1953
83
78-45g-511, Utah Code Annotated 1953
84
78-45g-601, Utah Code Annotated 1953
85
78-45g-602, Utah Code Annotated 1953
86
78-45g-603, Utah Code Annotated 1953
87
78-45g-604, Utah Code Annotated 1953
88
78-45g-605, Utah Code Annotated 1953
89
78-45g-606, Utah Code Annotated 1953
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90
78-45g-607, Utah Code Annotated 1953
91
78-45g-608, Utah Code Annotated 1953
92
78-45g-609, Utah Code Annotated 1953
93
78-45g-610, Utah Code Annotated 1953
94
78-45g-611, Utah Code Annotated 1953
95
78-45g-612, Utah Code Annotated 1953
96
78-45g-613, Utah Code Annotated 1953
97
78-45g-614, Utah Code Annotated 1953
98
78-45g-615, Utah Code Annotated 1953
99
78-45g-616, Utah Code Annotated 1953
100
78-45g-617, Utah Code Annotated 1953
101
78-45g-618, Utah Code Annotated 1953
102
78-45g-619, Utah Code Annotated 1953
103
78-45g-620, Utah Code Annotated 1953
104
78-45g-621, Utah Code Annotated 1953
105
78-45g-622, Utah Code Annotated 1953
106
78-45g-623, Utah Code Annotated 1953
107
78-45g-701, Utah Code Annotated 1953
108
78-45g-702, Utah Code Annotated 1953
109
78-45g-703, Utah Code Annotated 1953
110
78-45g-704, Utah Code Annotated 1953
111
78-45g-705, Utah Code Annotated 1953
112
78-45g-706, Utah Code Annotated 1953
113
78-45g-707, Utah Code Annotated 1953
114
78-45g-801, Utah Code Annotated 1953
115
78-45g-802, Utah Code Annotated 1953
116
78-45g-803, Utah Code Annotated 1953
117
78-45g-804, Utah Code Annotated 1953
118
78-45g-805, Utah Code Annotated 1953
119
78-45g-806, Utah Code Annotated 1953
120
78-45g-807, Utah Code Annotated 1953
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78-45g-808, Utah Code Annotated 1953
122
78-45g-809, Utah Code Annotated 1953
123
78-45g-901, Utah Code Annotated 1953
124
78-45g-902, Utah Code Annotated 1953
125
REPEALS:
126
76-7-204, as last amended by Chapters 116 and 241, Laws of Utah 1991
127
78-45a-1, as last amended by Chapter 245, Laws of Utah 1990
128
78-45a-2, as last amended by Chapter 232, Laws of Utah 1997
129
78-45a-3, as enacted by Chapter 158, Laws of Utah 1965
130
78-45a-4, as enacted by Chapter 158, Laws of Utah 1965
131
78-45a-5, as last amended by Chapter 274, Laws of Utah 1998
132
78-45a-6, as enacted by Chapter 158, Laws of Utah 1965
133
78-45a-6.5, as last amended by Chapter 232, Laws of Utah 1997
134
78-45a-7, as last amended by Chapter 176, Laws of Utah 2003
135
78-45a-10, as repealed and reenacted by Chapter 232, Laws of Utah 1997
136
78-45a-10.5, as last amended by Chapter 255, Laws of Utah 2001
137
78-45a-11, as enacted by Chapter 158, Laws of Utah 1965
138
78-45a-11.5, as enacted by Chapter 232, Laws of Utah 1997
139
78-45a-12, as enacted by Chapter 158, Laws of Utah 1965
140
78-45a-13, as enacted by Chapter 158, Laws of Utah 1965
141
78-45a-14, as enacted by Chapter 158, Laws of Utah 1965
142
78-45a-15, as enacted by Chapter 158, Laws of Utah 1965
143
78-45a-16, as enacted by Chapter 158, Laws of Utah 1965
144
78-45a-17, as enacted by Chapter 158, Laws of Utah 1965
145
78-45e-1, as enacted by Chapter 127, Laws of Utah 1994
146
78-45e-2, as last amended by Chapter 176, Laws of Utah 2003
147
78-45e-4, as last amended by Chapter 176, Laws of Utah 2003
148
149
Be it enacted by the Legislature of the state of Utah:
150
Section 1.
Section
26-2-2
is amended to read:
151
26-2-2. Definitions.
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House Committee Amendments 2-14-2005 dd/ecm
152
As used in this chapter:
153
(1) "Dead body" or "decedent" means a human body or parts of the human body from
154
the condition of which it reasonably may be concluded that death occurred.
155
(2) "Dead fetus" means a product of human conception:
156
(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
157
period began to the date of delivery; and
158
(b) that was not born alive.
159
(3) "Declarant father" means a male who H. [
, along with the biological mother,
] .H
159a
[declares
160
that he is the father of a child conceived as a result of sexual intercourse with the mother]
161
claims to be the genetic father of a child
161a
voluntary declaration of paternity
162
establish the child's paternity.
163
(4) "File" means the submission of a completed certificate or other similar document,
164
record, or report as provided under this chapter for registration by the state registrar or a local
165
registrar.
166
(5) "Funeral director" or "person acting as the funeral director" means the person who
167
takes possession of a dead body or dead fetus, prepares the dead body or dead fetus and
168
arranges for its final disposition, and includes:
169
(a) a licensed funeral director;
170
(b) a representative of a hospital which is making final disposition; or
171
(c) another person assuming responsibility for the final disposition of the remains.
172
(6) "Health care facility" has the same definition as in Section
26-21-2
.
173
(7) "Live birth" means the birth of a child who shows evidence of life after it is entirely
174
outside of the mother.
175
(8) "Local registrar" means a person appointed under Subsection
26-2-3
(2)(b).
176
(9) "Physician" means a person licensed to practice as a physician or osteopath in this
177
state under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic
178
Medical Practice Act.
179
(10) "[Presumptive] Presumed father" means the father of a child conceived or born
180
during a marriage as defined in Section
30-1-17.2
.
181
(11) "Registration" or "register" means acceptance by the local or state registrar of a
182
certificate and incorporation of it into the permanent records of the state.
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(12) "State registrar" means the state registrar of vital records appointed under
184
Subsection
26-2-3
(1)(e).
185
(13) "Vital records" means registered certificates or reports of birth, death, fetal death,
186
marriage, divorce, dissolution of marriage, or annulment, amendments to any of these
187
registered certificates or reports, and other similar documents.
188
(14) "Vital statistics" means the data derived from registered certificates and reports of
189
birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
190
marriage, or annulment.
191
Section 2.
Section
26-2-5
is amended to read:
192
26-2-5. Birth certificates -- Execution and registration requirements.
193
(1) As used in this section, "birthing facility" means a general acute hospital or birthing
194
center as defined in Section
26-21-2
.
195
(2) For each live birth occurring in the state, a certificate shall be filed with the local
196
registrar for the district in which the birth occurred within ten days following the birth. The
197
certificate shall be registered if it is completed and filed in accordance with this chapter.
198
(3) (a) For each live birth that occurs in a birthing facility, the administrator of the
199
birthing facility, or his designee, shall obtain and enter the information required under this
200
chapter on the certificate, securing the required signatures, and filing the certificate.
201
(b) (i) The date, time, place of birth, and required medical information shall be certified
202
by the birthing facility administrator or his designee.
203
(ii) The attending physician or nurse midwife may sign the certificate, but if the
204
attending physician or nurse midwife has not signed the certificate within seven days of the
205
date of birth, the birthing facility administrator or his designee shall enter the attending
206
physician's or nurse midwife's name and transmit the certificate to the local registrar.
207
(iii) The information on the certificate about the parents shall be provided and certified
208
by the mother or father or, in their incapacity or absence, by a person with knowledge of the
209
facts.
210
(4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
211
completed and filed by the physician, nurse, midwife, or other person primarily responsible for
212
providing assistance to the mother at the birth. If there is no such person, either the
213
[presumptive] presumed or declarant father shall complete and file the certificate. In his
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absence, the mother shall complete and file the certificate, and in the event of her death or
215
disability, the owner or operator of the premises where the birth occurred shall do so.
216
(b) The certificate shall be completed as fully as possible and shall include the date,
217
time, and place of birth, the mother's name, and the signature of the person completing the
218
certificate.
219
(5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
220
administrator or director of that facility, or his designee, shall:
221
(i) provide the birth mother and declarant father, if present, with:
222
(A) a voluntary declaration of paternity form published by the state registrar;
223
(B) oral and written notice to the birth mother and declarant father of the alternatives
224
to, the legal consequences of, and the rights and responsibilities that arise from signing the
225
declaration; and
226
(C) the opportunity to sign the declaration;
227
(ii) witness the signature of a birth mother or declarant father in accordance with
228
Section [
78-45e-3
]
78-45g-302
if the signature occurs at the [hospital] facility;
229
(iii) enter the declarant father's information on the original birth certificate, but only if
230
the mother and [biological] declarant father have signed a voluntary declaration of paternity or
231
a court or administrative agency has issued an adjudication of paternity; and
232
(iv) file the completed declaration with the original birth certificate.
233
(b) If there is a [presumptive] presumed father, the voluntary declaration will only be
234
valid if the [presumptive] presumed father also signs the voluntary declaration.
235
(c) The state registrar shall file the information provided on the voluntary declaration
236
of paternity form with the original birth certificate and may provide certified copies of the
237
declaration of paternity as otherwise provided under Title 78, [Chapter 45e, Voluntary
238
Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
239
(6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
240
a description of the process for filing a voluntary declaration of paternity, and of the rights and
241
responsibilities established or effected by that filing, in accordance with Title 78, [Chapter 45e,
242
Voluntary Declaration of Paternity] Chapter 45g, Utah Uniform Parentage Act.
243
(b) Information regarding the form and services related to voluntary paternity
244
establishment shall be made available to birthing facilities and to any other entity or individual
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upon request.
246
(7) The name of a declarant father may only be included on the birth certificate of a
247
child of unmarried parents if:
248
(a) the mother and declarant father have signed a voluntary declaration of paternity; or
249
(b) a court or administrative agency has issued an adjudication of paternity.
250
(8) Voluntary declarations of paternity, adjudications of paternity by judicial or
251
administrative agencies, and voluntary rescissions of paternity shall be filed with and
252
maintained by the state registrar for the purpose of comparing information with the state case
253
registry maintained by the Office of Recovery Services pursuant to Section
62A-11-104
.
254
Section 3.
Section
30-1-17.2
is amended to read:
255
30-1-17.2. Action to determine validity of marriage -- Orders relating to parties,
256
property, and children -- Presumption of paternity in marriage.
257
(1) If the parties have accumulated any property or acquired any obligations subsequent
258
to the marriage, if there is a genuine need arising from an economic change of circumstances
259
due to the marriage, or if there are children born or expected, the court may make temporary
260
and final orders, and subsequently modify the orders, relating to the parties, their property and
261
obligations, the children and their custody and parent-time, and the support and maintenance of
262
the parties and children, as may be equitable.
263
[(2) Except as provided in Section
78-45a-1
, children born to the parties after the date
264
of their marriage shall be deemed the legitimate children of both of the parties.]
265
(2) A man is presumed to be the father of a child if:
266
(a) he and the mother of the child are married to each other and the child is born during
267
the marriage;
268
(b) he and the mother of the child were married to each other and the child is born
269
within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
270
or divorce, or after a decree of separation;
271
(c) before the birth of the child, he and the mother of the child married each other in
272
apparent compliance with law, even if the attempted marriage is, or could be, declared invalid
273
and the child is born during the invalid marriage or within 300 days after its termination by
274
death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
275
(d) after the birth of the child, he and the mother of the child have married each other
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276
in apparent compliance with law, whether or not the marriage is, or could be declared, invalid,
277
he voluntarily asserted his paternity of the child, and there is no other presumptive father of the
278
child, and:
279
(i) the assertion is in a record filed with the state registrar;
280
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
281
(iii) he promised in a record to support the child as his own.
282
(3) If the child was born at the time of entry of a divorce decree, other children are
283
named as children of the marriage, but that child is specifically not named, the husband is not
284
presumed to be the father of the child not named in the order.
285
(4) A presumption of paternity established under this section may only be rebutted in
286
accordance with Section
78-45g-607
.
287
(5) A final order or decree issued by a tribunal in which paternity is adjudicated, may
288
not be set aside unless the court finds that one of the parties perpetrated a fraud in the
289
establishment of the paternity and another party did not know or could not reasonably have
290
known of the fraud at the time of the entry of the order. The party who committed the fraud
291
may not bring the action.
292
Section 4.
Section
75-2-114
is amended to read:
293
75-2-114. Parent and child relationship.
294
(1) Except as provided in Subsections (2) and (3), for purposes of intestate succession
295
by, through, or from a person, an individual is the child of the individual's natural parents,
296
regardless of their marital status. The parent and child relationship may be established as
297
provided in [Sections
78-45a-7
,
78-45a-10
, and Title 78, Chapter 45a, Uniform Act on
298
Paternity] Title 78, Chapter 45g, Utah Uniform Parentage Act.
299
(2) An adopted individual is the child of the adopting parent or parents and not of the
300
natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
301
(a) the relationship between the child and that natural parent; or
302
(b) the right of the child or a descendant of the child to inherit from or through the
303
other natural parent.
304
(3) Inheritance from or through a child by either natural parent or his kindred is
305
precluded unless that natural parent has openly treated the child as his, and has not refused to
306
support the child.
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Section 5.
Section
78-30-4.13
is amended to read:
308
78-30-4.13. Notice of adoption proceedings.
309
(1) An unmarried, biological father, by virtue of the fact that he has engaged in a
310
sexual relationship with a woman, is considered to be on notice that a pregnancy and an
311
adoption proceeding regarding that child may occur, and has a duty to protect his own rights
312
and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with
313
regard to that child only as provided in this section.
314
(2) Notice of an adoption proceeding shall be served on each of the following persons:
315
(a) any person or agency whose consent or relinquishment is required under Section
316
78-30-4.14
unless that right has been terminated by waiver, relinquishment, consent, or judicial
317
action;
318
(b) any person who has initiated a paternity proceeding and filed notice of that action
319
with the state registrar of vital statistics within the Department of Health, in accordance with
320
Subsection (3);
321
(c) any legally appointed custodian or guardian of the adoptee;
322
(d) the petitioner's spouse, if any, only if he has not joined in the petition;
323
(e) the adoptee's spouse, if any;
324
(f) any person who, prior to the time the mother executes her consent for adoption or
325
relinquishes the child to a licensed child-placing agency, is recorded on the birth certificate as
326
the child's father, with the knowledge and consent of the mother;
327
(g) any person who is openly living in the same household with the child at the time
328
the consent is executed or relinquishment made, and who is holding himself out to be the
329
child's father; and
330
(h) any person who is married to the child's mother at the time she executes her consent
331
to the adoption or relinquishes the child for adoption.
332
(3) (a) In order to preserve any right to notice and consent, an unmarried, biological
333
father may initiate proceedings to establish paternity under Title 78, Chapter [45a, Uniform Act
334
on Paternity] 45g, Utah Uniform Parentage Act, and file a notice of the initiation of those
335
proceedings with the state registrar of vital statistics within the Department of Health prior to
336
the mother's execution of consent or her relinquishment to an agency. That action and notice
337
may also be filed prior to the child's birth.
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338
(b) If the unmarried, biological father does not know the county in which the birth
339
mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
340
Section
78-13-7
.
341
(c) The Department of Health shall provide forms for the purpose of filing the notice
342
described in Subsection (3)(a), and make those forms available in the office of the county
343
health department in each county.
344
(4) Notice provided in accordance with this section need not disclose the name of the
345
mother of the child who is the subject of an adoption proceeding.
346
(5) The notice required by this section may be served immediately after relinquishment
347
or execution of consent, but shall be served at least 30 days prior to the final dispositional
348
hearing. The notice shall specifically state that the person served must respond to the petition
349
within 30 days of service if he intends to intervene in or contest the adoption.
350
(6) (a) Any person who has been served with notice of an adoption proceeding and who
351
wishes to contest the adoption shall file a motion in the adoption proceeding within 30 days
352
after service. The motion shall set forth specific relief sought and be accompanied by a
353
memorandum specifying the factual and legal grounds upon which the motion is based.
354
(b) Any person who fails to file a motion for relief within 30 days after service of
355
notice waives any right to further notice in connection with the adoption, forfeits all rights in
356
relation to the adoptee, and is barred from thereafter bringing or maintaining any action to
357
assert any interest in the adoptee.
358
(7) Service of notice under this section shall be made as follows:
359
(a) With regard to a person whose consent is necessary under Section
78-30-4.14
,
360
service shall be in accordance with the provisions of the Utah Rules of Civil Procedure. If
361
service is by publication, the court shall designate the content of the notice regarding the
362
identity of the parties. The notice may not include the name of the person or persons seeking to
363
adopt the adoptee.
364
(b) As to any other person for whom notice is required under this section, service by
365
certified mail, return receipt requested, is sufficient. If that service cannot be completed after
366
two attempts, the court may issue an order providing for service by publication, posting, or by
367
any other manner of service.
368
(c) Notice to a person who has initiated a paternity proceeding and filed notice of that
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369
action with the state registrar of vital statistics in the Department of Health in accordance with
370
the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
371
the last address filed with the registrar.
372
(8) The notice required by this section may be waived in writing by the person entitled
373
to receive notice.
374
(9) Proof of service of notice on all persons for whom notice is required by this section
375
shall be filed with the court before the final dispositional hearing on the adoption.
376
(10) Notwithstanding any other provision of law, neither the notice of an adoption
377
proceeding nor any process in that proceeding is required to contain the name of the person or
378
persons seeking to adopt the adoptee.
379
(11) Except as to those persons whose consent to an adoption is required under Section
380
78-30-4.14
, the sole purpose of notice under this section is to enable the person served to
381
intervene in the adoption and present evidence to the court relevant to the best interest of the
382
child.
383
Section 6.
Section
78-45g-101
is enacted to read:
384
CHAPTER 45g. UTAH UNIFORM PARENTAGE ACT
385
Part 1. General Provisions
386
78-45g-101. Title.
387
This chapter is known as the "Utah Uniform Parentage Act."
388
Section 7.
Section
78-45g-102
is enacted to read:
389
78-45g-102. Definitions.
390
As used in this chapter:
391
(1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
392
father of a child.
393
(2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the
394
genetic father or a possible genetic father of a child, but whose paternity has not been
395
determined.
396
(3) "Assisted reproduction" means a method of causing pregnancy other than sexual
397
intercourse. The term includes:
398
(a) intrauterine insemination;
399
(b) donation of eggs;
Text Box
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400
(c) donation of embryos;
401
(d) in vitro fertilization and transfer of embryos; and
402
(e) intracytoplasmic sperm injection.
403
(4) "Birth expenses" means all medical costs associated with the birth of a child,
404
including the related expenses for the biological mother during her pregnancy and delivery.
405
(5) "Birth mother" means the biological mother of a child.
406
(6) "Child" means an individual of any age whose parentage may be determined under
407
this chapter.
408
(7) "Commence" means to file the initial pleading seeking an adjudication of parentage
409
in the appropriate tribunal of this state.
410
(8) "Declarant father" means a male who, along with the biological mother claims to be
411
the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's
412
paternity.
413
(9) "Determination of parentage" means the establishment of the parent-child
414
relationship by the signing of a valid declaration of paternity under Part 3, Voluntary
415
Declaration of Paternity, or adjudication by a tribunal.
416
(10) "Donor" means an individual who produces eggs or sperm used for assisted
417
reproduction, whether or not for consideration. The term does not include:
418
(a) a husband who provides sperm, or a wife who provides eggs, to be used for assisted
419
reproduction by the wife;
420
(b) a woman who gives birth to a child by means of assisted reproduction, except as
421
otherwise provided in Part 8, Gestational Agreement; or
422
(c) a parent under Part 7, Child of Assisted Reproduction, or an intended parent under
423
Part 8, Gestational Agreement.
424
(11) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group
425
that an individual identifies as all or part of the individual's ancestry or that is so identified by
426
other information.
427
(12) "Financial support" means a base child support award as defined in Section
428
78-45-2
, all past-due support which accrues under an order for current periodic payments, and
429
sum certain judgments for past-due support.
430
(13) "Genetic testing" means an analysis of genetic markers to exclude or identify a
Text Box
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431
man as the father or a woman as the mother of a child. The term includes an analysis of one or
432
a combination of the following:
433
(a) deoxyribonucleic acid; or
434
(b) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes,
435
serum proteins, or red-cell enzymes.
436
(14) "Gestational mother" means an adult woman who gives birth to a child under a
437
gestational agreement.
438
(15) "Man," as defined in this chapter, means a male individual of any age.
439
(16) "Medical support" means a provision in a support order that requires the purchase
440
and maintenance of appropriate insurance for health and dental expenses of dependent children,
441
and assigns responsibility for uninsured medical expenses.
442
(17) "Parent" means an individual who has established a parent-child relationship
443
under Section
78-45g-201
.
444
(18) "Parent-child relationship" means the legal relationship between a child and a
445
parent of the child. The term includes the mother-child relationship and the father-child
446
relationship.
447
(19) "Paternity index" means the likelihood of paternity calculated by computing the
448
ratio between:
449
(a) the likelihood that the tested man is the father, based on the genetic markers of the
450
tested man and child, conditioned on the hypothesis that the tested man is the father of the
451
child; and
452
(b) the likelihood that the tested man is not the father, based on the genetic markers of
453
the tested man and child, conditioned on the hypothesis that the tested man is not the father of
454
the child and that the father is of the same ethnic or racial group as the tested man.
455
(20) "Presumed father" means a man who, by operation of law under Section
456
78-45g-204
, is recognized as the father of a child until that status is rebutted or confirmed as
457
set forth in this chapter.
458
(21) "Probability of paternity" means the measure, for the ethnic or racial group to
459
which the alleged father belongs, of the probability that the man in question is the father of the
460
child, compared with a random, unrelated man of the same ethnic or racial group, expressed as
461
a percentage incorporating the paternity index and a prior probability.
Text Box
- 16 -
462
(22) "Record" means information that is inscribed on a tangible medium or that is
463
stored in an electronic or other medium and is retrievable in perceivable form.
464
(23) "Signatory" means an individual who authenticates a record and is bound by its
465
terms.
466
(24) "State" means a state of the United States, the District of Columbia, Puerto Rico,
467
the United States Virgin Islands, any territory, Native American Tribe, or insular possession
468
subject to the jurisdiction of the United States.
469
(25) "Support-enforcement agency" means a public official or agency authorized under
470
Title IV-D of the Social Security Act which has the authority to seek:
471
(a) enforcement of support orders or laws relating to the duty of support;
472
(b) establishment or modification of child support;
473
(c) determination of parentage; or
474
(d) location of child-support obligors and their income and assets.
475
(26) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
476
authorized to establish, enforce, or modify support orders or to determine parentage.
477
Section 8.
Section
78-45g-103
is enacted to read:
478
78-45g-103. Scope -- Choice of law.
479
(1) This chapter applies to determinations of parentage in this state.
480
(2) The tribunal shall apply the law of this state to adjudicate the parent-child
481
relationship. The applicable law may not depend upon:
482
(a) the place of birth of the child; or
483
(b) the past or present residence of the child.
484
(3) This chapter may not create, enlarge, or diminish parental rights or duties under
485
other laws of this state.
486
(4) This chapter does not authorize or prohibit an agreement between a woman and a
487
man and another woman in which the woman relinquishes all rights as a parent of a child
488
conceived by means of assisted reproduction, and which provides that the man and other
489
woman become the parents of the child. If a birth results under such an agreement and the
490
agreement is unenforceable under the law of this state, the parent-child relationship is
491
determined as provided in Part 2, Parent-child Relationship.
492
Section 9.
Section
78-45g-104
is enacted to read:
Text Box
- 17 -
House Committee Amendments 2-14-2005 dd/ecm
493
78-45g-104. Adjudication -- Jurisdiction.
494
(1) The district court, the juvenile court, and the Office of Recovery Services in
495
accordance with Section
62A-11-304.2
and Title 63, Chapter 46b, Administrative Procedures
496
Act, are authorized to adjudicate parentage under Parts 1 through 6, and Part 9 of this chapter.
497
(2) The district court and the juvenile court have jurisdiction over proceedings under
498
Parts 7 and 8.
499
Section 10.
Section
78-45g-105
is enacted to read:
500
78-45g-105. Protection of participants.
501
Proceedings under this chapter are subject to other laws of this state governing the
502
health, safety, privacy, and liberty of a child or other individual who could be jeopardized by
503
disclosure of identifying information, including address, telephone number, place of
504
employment, Social Security number, the child's day-care facility, or school.
505
Section 11.
Section
78-45g-106
is enacted to read:
506
78-45g-106. Determination of maternity.
507
Provisions of this chapter relating to determination of paternity also apply to
508
determinations of maternity.
509
Section 12.
Section
78-45g-107
is enacted to read:
510
78-45g-107. Effect.
511
An adjudication or declaration of paternity shall be filed with the state registrar in
512
accordance with Section
26-2-5
.
513
Section 13.
Section
78-45g-108
is enacted to read:
514
78-45g-108. Obligation to provide address.
515
A party to an action under this chapter has a continuing obligation to keep the tribunal
516
informed of the party's current address.
517
Section 14.
Section
78-45g-109
is enacted to read:
518
78-45g-109. Limitation on recovery from the father.
519
The H. [
father's
] obligor's .H liabilities for past support are limited to the period of four
519a
years preceding
520
the commencement of an action.
521
Section 15.
Section
78-45g-110
is enacted to read:
522
78-45g-110. Duty of attorney general and county attorney.
523
Whenever the state commences an action under this chapter, it shall be the duty of the
Text Box
- 18 -
524
attorney general or the county attorney of the county where the obligee resides to represent the
525
state. Neither the attorney general nor the county attorney represents or has an attorney-client
526
relationship with the obligee or the obligor in carrying out his responsibilities under this
527
chapter.
528
Section 16.
Section
78-45g-111
is enacted to read:
529
78-45g-111. Default judgment.
530
Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions
531
commenced under this chapter.
532
Section 17.
Section
78-45g-112
is enacted to read:
533
78-45g-112. Standard of proof.
534
The standard of proof in a trial to determine paternity is "by clear and convincing
535
evidence."
536
Section 18.
Section
78-45g-113
is enacted to read:
537
78-45g-113. Parent-time rights of father.
538
(1) If the tribunal determines that the alleged father is the father, it may upon its own
539
motion or upon motion of the father, order parent-time rights in accordance with Sections
540
30-3-32
through
30-3-37
as it considers appropriate under the circumstances.
541
(2) Parent-time rights may not be granted to a father if the child has been subsequently
542
adopted.
543
Section 19.
Section
78-45g-114
is enacted to read:
544
78-45g-114. Social Security number in tribunal records.
545
The Social Security number of any individual who is subject to a paternity
546
determination shall be placed in the records relating to the matter.
547
Section 20.
Section
78-45g-115
is enacted to read:
548
78-45g-115. Settlement agreements.
549
An agreement of settlement with the alleged father is binding only when approved by
550
the tribunal.
551
Section 21.
Section
78-45g-201
is enacted to read:
552
Part 2. Parent-child Relationship
553
78-45g-201. Establishment of parent-child relationship.
554
(1) The mother-child relationship is established between a woman and a child by:
Text Box
- 19 -
555
(a) the woman's having given birth to the child, except as otherwise provided in Part 8,
556
Gestational Agreement;
557
(b) an adjudication of the woman's maternity;
558
(c) adoption of the child by the woman; or
559
(d) an adjudication confirming the woman as a parent of a child born to a gestational
560
mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
561
under other law.
562
(2) The father-child relationship is established between a man and a child by:
563
(a) an unrebutted presumption of the man's paternity of the child under Section
564
78-45g-204
;
565
(b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration
566
of Paternity, unless the declaration has been rescinded or successfully challenged;
567
(c) an adjudication of the man's paternity;
568
(d) adoption of the child by the man;
569
(e) the man having consented to assisted reproduction by a woman under Part 7, Child
570
of Assisted Reproduction, which resulted in the birth of the child; or
571
(f) an adjudication confirming the man as a parent of a child born to a gestational
572
mother if the agreement was validated under Part 8, Gestational Agreement, or is enforceable
573
under other law.
574
Section 22.
Section
78-45g-202
is enacted to read:
575
78-45g-202. No discrimination based on marital status.
576
A child born to parents who are not married to each other whose paternity has been
577
determined under this chapter has the same rights under the law as a child born to parents who
578
are married to each other.
579
Section 23.
Section
78-45g-203
is enacted to read:
580
78-45g-203. Consequences of establishment of parentage.
581
Unless parental rights are terminated, a parent-child relationship established under this
582
chapter applies for all purposes, except as otherwise specifically provided by other law of this
583
state.
584
Section 24.
Section
78-45g-204
is enacted to read:
585
78-45g-204. Presumption of paternity.
Text Box
- 20 -
586
(1) A man is presumed to be the father of a child if:
587
(a) he and the mother of the child are married to each other and the child is born during
588
the marriage;
589
(b) he and the mother of the child were married to each other and the child is born
590
within 300 days after the marriage is terminated by death, annulment, declaration of invalidity,
591
or divorce, or after a decree of separation;
592
(c) before the birth of the child, he and the mother of the child married each other in
593
apparent compliance with law, even if the attempted marriage is or could be declared invalid,
594
and the child is born during the invalid marriage or within 300 days after its termination by
595
death, annulment, declaration of invalidity, or divorce or after a decree of separation; or
596
(d) after the birth of the child, he and the mother of the child married each other in
597
apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he
598
voluntarily asserted his paternity of the child, and there is no other presumptive father of the
599
child, and:
600
(i) the assertion is in a record filed with the Office of Vital Records;
601
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
602
(iii) he promised in a record to support the child as his own.
603
(2) A presumption of paternity established under this section may only be rebutted in
604
accordance with Section
78-45g-607
.
605
(3) If a child has an adjudicated father, the results of genetic testing are inadmissable to
606
challenge paternity except as set forth in Section
78-45g-607
.
607
Section 25.
Section
78-45g-301
is enacted to read:
608
Part 3. Voluntary Declaration of Paternity
609
78-45g-301. Declaration of paternity.
610
The mother of a child and a man claiming to be the genetic father of the child may sign
611
a declaration of paternity to establish the paternity of the child.
612
Section 26.
Section
78-45g-302
is enacted to read:
613
78-45g-302. Execution of declaration of paternity.
614
(1) A declaration of paternity must:
615
(a) be in a record;
616
(b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and
Text Box
- 21 -
617
by the declarant father;
618
(c) be signed by the birth mother and declarant father in the presence of two witnesses
619
who are not related by blood or marriage; and
620
(d) state that the child whose paternity is being declared:
621
(i) does not have a presumed father, or has a presumed father whose full name is
622
stated; and
623
(ii) does not have another declarant or adjudicated father;
624
(e) state whether there has been genetic testing and, if so, that the declarant man's claim
625
of paternity is consistent with the results of the testing; and
626
(f) state that the signatories understand that the declaration is the equivalent of a legal
627
finding of paternity of the child and that a challenge to the declaration is permitted only under
628
the limited circumstances described in Section
78-45g-307
.
629
(2) If either the birth mother or the declarant father is a minor, the voluntary
630
declaration must also be signed by that minor's parent or legal guardian.
631
(3) A declaration of paternity is void if it:
632
(a) states that another man is a presumed father, unless a denial of paternity signed or
633
otherwise authenticated by the presumed father is filed with the Office of Vital Records in
634
accordance with Section
78-45g-303
;
635
(b) states that another man is a declarant or adjudicated father; or
636
(c) falsely denies the existence of a presumed, declarant, or adjudicated father of the
637
child.
638
(4) A presumed father may sign or otherwise authenticate an acknowledgment of
639
paternity.
640
(5) The declaration of paternity shall be in a form prescribed by the Office of Vital
641
Records and shall be accompanied with a written and verbal notice of the alternatives to, the
642
legal consequences of, and the rights and responsibilities that arise from signing the
643
declaration.
644
(6) The Social Security number of any person who is subject to declaration of paternity
645
shall be placed in the records relating to the matter.
646
(7) The declaration of paternity shall become an amendment to the original birth
647
certificate. The original certificate and the declaration shall be marked as to be distinguishable.
Text Box
- 22 -
648
The declaration may be included as part of subsequently issued certified copies of the birth
649
certificate. Alternatively, electronically issued copies of a certificate may reflect the amended
650
information and the date of the amendment only.
651
(8) A declaration of paternity may be completed and signed any time after the birth of
652
the child. A declaration of paternity may not be signed or filed after consent to or
653
relinquishment for adoption has been signed.
654
(9) A declaration of paternity shall be considered effective when filed and entered into
655
a database established and maintained by the Office of Vital Records.
656
Section 27.
Section
78-45g-303
is enacted to read:
657
78-45g-303. Denial of paternity.
658
A presumed or declarant father may sign a denial of his paternity. The denial is valid
659
only if:
660
(1) a declaration of paternity signed, or otherwise authenticated, by another man is filed
661
pursuant to Section
78-45g-305
;
662
(2) the denial is in a form prescribed by and filed with the Office of Vital Records, and
663
is signed, or otherwise authenticated, under penalty of perjury; and
664
(3) the presumed or declarant father has not previously:
665
(a) declared his paternity, unless the previous declaration has been rescinded pursuant
666
to Section
78-45g-306
or successfully challenged pursuant to Section
78-45g-307
; or
667
(b) been adjudicated to be the father of the child.
668
Section 28.
Section
78-45g-304
is enacted to read:
669
78-45g-304. Rules for declaration and denial of paternity.
670
(1) A declaration of paternity and a denial of paternity shall be contained in a single
671
document. If the declaration and denial are both necessary, neither is valid until both are
672
signed and filed.
673
(2) A declaration of paternity or a denial of paternity may not be signed before the birth
674
of the child.
675
(3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes
676
effect on the birth of the child or the filing of the document with the Office of Vital Records,
677
whichever occurs later.
678
(4) A declaration of paternity or denial of paternity signed by a minor and by the
Text Box
- 23 -
679
minor's parent or legal guardian is valid if it is otherwise in compliance with this chapter.
680
Section 29.
Section
78-45g-305
is enacted to read:
681
78-45g-305. Effect of declaration or denial of paternity.
682
(1) Except as otherwise provided in Sections
78-45g-306
and
78-45g-307
, a valid
683
declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of
684
paternity of a child and confers upon the declarant father all of the rights and duties of a parent.
685
(2) When a declaration of paternity is filed, it shall be recognized as a basis for a child
686
support order without any further requirement or proceeding regarding the establishment of
687
paternity.
688
(a) The liabilities of the father include, but are not limited to, the reasonable expense of
689
the mother's pregnancy and confinement and for the education, necessary support, and any
690
funeral expenses for the child.
691
(b) When a father declares paternity, his liability for past amounts due is limited to the
692
period of four years immediately preceding the date that the voluntary declaration of paternity
693
was filed.
694
(3) Except as otherwise provided in Sections
78-45g-306
and
78-45g-307
, a valid
695
denial of paternity by a presumed or declarant father filed with the Office of Vital Records in
696
conjunction with a valid declaration of paternity is equivalent to a legal finding of the
697
nonpaternity of the presumed or declarant father and discharges the presumed or declarant
698
father from all rights and duties of a parent. If a valid denial of paternity is filed with the
699
Office of Vital Records, the declarant or presumed father may not recover child support he paid
700
prior to the time of filing.
701
Section 30.
Section
78-45g-306
is enacted to read:
702
78-45g-306. Proceeding for rescission.
703
A signatory may rescind a declaration of paternity or denial of paternity by filing a
704
voluntary rescission document with the Office of Vital Records in a form prescribed by the
705
office before the earlier of:
706
(1) 60 days after the effective date of the declaration or denial, as provided in Sections
707
78-45g-303
and
78-45g-304
; or
708
(2) the date of notice of the first adjudicative proceeding to which the signatory is a
709
party, before a tribunal to adjudicate an issue relating to the child, including a proceeding that
Text Box
- 24 -
710
establishes support.
711
Section 31.
Section
78-45g-307
is enacted to read:
712
78-45g-307. Challenge after expiration of period for rescission.
713
(1) After the period for rescission under Section
78-45g-306
has expired, a signatory of
714
a declaration of paternity or denial of paternity, or a support-enforcement agency, may
715
commence a proceeding to challenge the declaration or denial only on the basis of fraud,
716
duress, or material mistake of fact.
717
(2) A party challenging a declaration of paternity or denial of paternity has the burden
718
of proof.
719
(3) A challenge brought on the basis of fraud or duress may be commenced at any time.
720
(4) A challenge brought on the basis of a material mistake of fact may be commenced
721
within four years after the declaration is filed with the Office of Vital Records. For the
722
purposes of this Subsection (4), if the declaration of paternity was filed with the Office of Vital
723
Records prior to May 1, 2005, a challenge may be brought within four years after May 1, 2005.
724
(5) For purposes of Subsection (4), genetic test results that exclude a declarant father or
725
that rebuttably identify another man as the father in accordance with Section
78-45g-505
726
constitute a material mistake of fact.
727
Section 32.
Section
78-45g-308
is enacted to read:
728
78-45g-308. Procedure for rescission or challenge.
729
(1) Every signatory to a declaration of paternity and any related denial of paternity
730
must be made a party to a proceeding to rescind or challenge the declaration or denial.
731
(2) For the purpose of rescission of, or challenge to, a declaration of paternity or denial
732
of paternity, a signatory submits to personal jurisdiction of this state by signing the declaration
733
or denial, effective upon the filing of the document with the Office of Vital Records.
734
(3) Except for good cause shown, during the pendency of a proceeding to rescind or
735
challenge a declaration of paternity or denial of paternity, the tribunal may not suspend the
736
legal responsibilities of a signatory arising from the declaration, including the duty to pay child
737
support.
738
(4) A proceeding to rescind or to challenge a declaration of paternity or denial of
739
paternity must be conducted in the same manner as a proceeding to adjudicate parentage under
740
Part 6, Adjudication of Parentage.
Text Box
- 25 -
741
(5) At the conclusion of a proceeding to rescind or challenge a declaration of paternity
742
or denial of paternity, the tribunal shall order the Office of Vital Records to amend the birth
743
record of the child, if appropriate.
744
(6) If the declaration is rescinded, the declarant father may not recover child support he
745
paid prior to the entry of an order of rescission.
746
Section 33.
Section
78-45g-309
is enacted to read:
747
78-45g-309. Ratification barred.
748
A tribunal or administrative agency conducting a judicial or administrative proceeding
749
may not ratify an unchallenged declaration of paternity.
750
Section 34.
Section
78-45g-310
is enacted to read:
751
78-45g-310. Full faith and credit.
752
A tribunal of this state shall give full faith and credit to a declaration of paternity or
753
denial of paternity effective in another state if the declaration or denial has been signed and is
754
otherwise in compliance with the law of the other state.
755
Section 35.
Section
78-45g-311
is enacted to read:
756
78-45g-311. Forms for declaration and denial of paternity and for rescission of
757
Paternity.
758
(1) To facilitate compliance with this part, the Office of Vital Records shall prescribe
759
forms for the declaration, denial, and rescission of paternity.
760
(2) A valid declaration of paternity or denial of paternity is not affected by a later
761
modification of the prescribed form.
762
Section 36.
Section
78-45g-312
is enacted to read:
763
78-45g-312. Release of information.
764
The Office of Vital Records may release information relating to the declaration of
765
paternity or denial of paternity to a signatory of the declaration or denial and to tribunals and
766
federal, tribal, and state support-enforcement agencies of this or another state.
767
Section 37.
Section
78-45g-313
is enacted to read:
768
78-45g-313. Adoption of rules.
769
The Office of Vital Records may adopt rules in accordance with Title 63, Chapter 46a,
770
Utah Administrative Rulemaking Act, to implement this part.
771
Section 38.
Section
78-45g-401
is enacted to read:
Text Box
- 26 -
772
Part 4. Registry of Paternity
773
78-45g-401. Maintenance of records.
774
(1) The Office of Vital Records shall register the following records which are filed
775
with the office:
776
(a) all declarations of paternity;
777
(b) all judicial and administrative determinations of paternity; and
778
(c) all notices of proceedings to establish paternity which are filed pursuant to Sections
779
78-30-4.13
and
78-30-4.14
.
780
(2) A notice of initiation of paternity proceedings may not be accepted into the registry
781
unless accompanied by a copy of the pleading which has been filed with the court to establish
782
paternity.
783
(3) A notice of initiation of paternity proceedings may not be filed if another man is the
784
adjudicated or declarant father.
785
Section 39.
Section
78-45g-402
is enacted to read:
786
78-45g-402. Effect of registration.
787
(1) An unmarried biological father who desires to be notified of a proceeding for
788
adoption of a child must file a notice of the initiation of paternity proceedings as required by
789
Sections
78-30-4.13
and
78-30-4.14
.
790
(2) A registrant shall promptly notify the registry in a record of any change in the
791
information registered. The Office of Vital Records shall incorporate all new information
792
received into its records but need not affirmatively seek to obtain current information for
793
incorporation in the registry.
794
Section 40.
Section
78-45g-403
is enacted to read:
795
78-45g-403. Notice of proceeding.
796
Notice of an adoption proceeding shall be given to unmarried biological fathers
797
pursuant to Section
78-30-4.13
.
798
Section 41.
Section
78-45g-404
is enacted to read:
799
78-45g-404. Required form.
800
(1) The Office of Vital Records shall prepare a form to be filed with the agency. The
801
form shall require the signature of the registrant and state that the form is signed under penalty
802
of perjury.
Text Box
- 27 -
803
(2) The form shall also state that:
804
(a) a timely filing of notice of the initiation of paternity proceedings which is filed
805
pursuant to Subsection
78-45g-402
(1) entitles the registrant to notice of a proceeding for
806
adoption of the child;
807
(b) a timely filing does not commence a proceeding to establish paternity;
808
(c) the information disclosed on the form may be used against the registrant to establish
809
paternity;
810
(d) services to assist in establishing paternity of a child who is not placed for adoption
811
are available to the registrant through the Office of Recovery Services;
812
(e) the registrant should also file in another state if conception or birth of the child
813
occurred in the other state;
814
(f) information on registries of other states is available from the Office of Vital
815
Records; and
816
(g) procedures exist to remove the filing of a proceeding to establish paternity if the
817
proceeding is dismissed, or if a finding of paternity is rescinded or set aside under this chapter.
818
Section 42.
Section
78-45g-405
is enacted to read:
819
78-45g-405. Furnishing of information -- Confidentiality.
820
(1) The Office of Vital Records shall send a copy of the filing to a person or entity set
821
forth in Subsection (2), who has requested a copy. The copy of the filing shall be sent to the
822
most recent address provided by the requestor.
823
(2) Information contained in records which are filed pursuant to Section
78-45g-401
is
824
confidential and may be released on request only to:
825
(a) a tribunal or a person designated by the tribunal;
826
(b) the mother of the child who is the subject of the filing;
827
(c) an agency authorized by other law to receive the information;
828
(d) a licensed child-placing agency;
829
(e) the Office of Recovery Services, the Office of the Attorney General, or a
830
support-enforcement agency of another state or tribe;
831
(f) a party or the party's attorney of record in a proceeding under this chapter or in a
832
proceeding for adoption of, or for termination of parental rights regarding, a child who is the
833
subject of the filing; and
Text Box
- 28 -
834
(g) the registry of paternity in another state.
835
Section 43.
Section
78-45g-406
is enacted to read:
836
78-45g-406. Penalty for releasing information.
837
A person who, with malicious intent, releases confidential information from the Office
838
of Vital Records which is filed pursuant to Section
78-45g-401
to a person or agency not
839
authorized to receive the information under Section
78-45g-405
is guilty of a class B
840
misdemeanor.
841
Section 44.
Section
78-45g-407
is enacted to read:
842
78-45g-407. Removal of registration.
843
The Office of Vital Records may remove a registration in accordance with rules
844
adopted by the office in accordance with Title 63, Chapter 46a, Utah Administrative
845
Rulemaking Act.
846
Section 45.
Section
78-45g-408
is enacted to read:
847
78-45g-408. Fees for registry.
848
(1) A fee may not be charged to remove a registration.
849
(2) Except as otherwise provided in Subsection (3), the Office of Vital Records may
850
charge a reasonable fee for registering records pursuant to Section
78-45g-401
, making a
851
search of the registry, and for furnishing a certificate.
852
(3) The Office of Recovery Services, the Office of the Attorney General, and
853
support-enforcement agencies of other states or tribes may not be required to pay the fee
854
authorized by Subsection (2).
855
Section 46.
Section
78-45g-409
is enacted to read:
856
78-45g-409. Search of records -- Certificate.
857
(1) Upon the request of an individual, tribunal, or agency identified in Section
858
78-45g-405
, the Office of Vital Records shall search its records for any registration made
859
pursuant to Section
78-45g-401
and furnish to the requestor a certificate of search which shall
860
be signed on behalf of the office and state that:
861
(a) a search has been made of the records of the Office of Vital Records; and
862
(b) a registration containing the information required to identify the registrant:
863
(i) has been found and is attached to the certificate of search; or
864
(ii) has not been found.
Text Box
- 29 -
865
(2) A petitioner shall file the certificate of search with the tribunal in connection with a
866
proceeding for adoption.
867
Section 47.
Section
78-45g-410
is enacted to read:
868
78-45g-410. Admissibility of information.
869
A certificate of search of the registry of paternity in this or another state is admissible in
870
a proceeding for adoption of a child and, if relevant, in other legal proceedings.
871
Section 48.
Section
78-45g-501
is enacted to read:
872
Part 5. Genetic Testing
873
78-45g-501. Scope of part.
874
This part governs genetic testing of an individual to determine parentage, whether the
875
individual:
876
(1) voluntarily submits to testing; or
877
(2) is tested pursuant to an order of a tribunal or a support-enforcement agency.
878
Section 49.
Section
78-45g-502
is enacted to read:
879
78-45g-502. Order for testing.
880
(1) Upon the motion of any party to the action, except as otherwise provided in this
881
part and Part 6, Adjudication of Parentage, the tribunal shall order the child and other
882
designated individuals to submit to genetic testing if the request for testing is supported by the
883
sworn statement of a party to the proceeding:
884
(a) alleging paternity and stating facts establishing a reasonable probability of the
885
requisite sexual contact between the individuals; or
886
(b) denying paternity and stating facts establishing a possibility that sexual contact
887
between the individuals, if any, did not result in the conception of the child.
888
(2) If a request for genetic testing of a child is made before birth, the tribunal may not
889
order in-utero testing.
890
(3) If two or more men are subject to an order for genetic testing, the testing may be
891
ordered concurrently or sequentially.
892
Section 50.
Section
78-45g-503
is enacted to read:
893
78-45g-503. Requirements for genetic testing.
894
(1) Genetic testing must be of a type reasonably relied upon by experts in the field of
895
genetic testing and performed in a testing laboratory accredited by:
Text Box
- 30 -
896
(a) the American Association of Blood Banks, or a successor to its functions;
897
(b) the American Society for Histocompatibility and Immunogenetics, or a successor to
898
its functions; or
899
(c) an accrediting body designated by the federal Secretary of Health and Human
900
Services.
901
(2) A specimen used in genetic testing may consist of one or more samples, or a
902
combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The
903
specimen used in the testing need not be of the same kind for each individual undergoing
904
genetic testing.
905
Section 51.
Section
78-45g-504
is enacted to read:
906
78-45g-504. Report of genetic testing.
907
(1) A report of genetic testing must be in a record and signed under penalty of perjury
908
by a designee of the testing laboratory. A report made under the requirements of this part is
909
self-authenticating.
910
(2) Documentation from the testing laboratory of the following information is
911
sufficient to establish a reliable chain of custody that allows the results of genetic testing to be
912
admissible without testimony:
913
(a) the names and photographs of the individuals whose specimens have been taken;
914
(b) the names of the individuals who collected the specimens;
915
(c) the places and dates the specimens were collected;
916
(d) the names of the individuals who received the specimens in the testing laboratory;
917
(e) the dates the specimens were received; and
918
(f) the finger prints of the individuals whose specimens have been taken.
919
Section 52.
Section
78-45g-505
is enacted to read:
920
78-45g-505. Genetic testing results -- Rebuttal.
921
(1) Under this chapter, a man is presumed to be identified as the father of a child if the
922
genetic testing complies with this part and the results disclose that:
923
(a) the man has at least a 99% probability of paternity, using a prior probability of 0.50,
924
as calculated by using the combined paternity index obtained in the testing; and
925
(b) a combined paternity index of at least 100 to 1.
926
(2) A man identified under Subsection (1) as the father of the child may rebut the
Text Box
- 31 -
927
genetic testing results only by other genetic testing satisfying the requirements of this part
928
which:
929
(a) excludes the man as a genetic father of the child; or
930
(b) identifies another man as the possible father of the child.
931
(3) If an issue is raised as to whether the appropriate ethnic or racial group database
932
was used by the testing laboratory, the testing laboratory will be asked to rerun the test using
933
the correct ethnic or racial group database. If the testing laboratory does not have an adequate
934
database, another testing laboratory may be engaged to perform the calculations.
935
(4) If a presumption of paternity is not rebutted by a second test, the tribunal shall issue
936
an order establishing paternity.
937
Section 53.
Section
78-45g-506
is enacted to read:
938
78-45g-506. Costs of genetic testing.
939
(1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of
940
initial genetic testing shall be advanced:
941
(a) by a support-enforcement agency in a proceeding in which the support-enforcement
942
agency is providing services;
943
(b) by the individual who made the request;
944
(c) as agreed by the parties; or
945
(d) as ordered by the tribunal.
946
(2) In cases in which the cost is advanced by the support-enforcement agency, the
947
agency may seek reimbursement from a man who is rebuttably identified as the father.
948
Section 54.
Section
78-45g-507
is enacted to read:
949
78-45g-507. Additional genetic testing.
950
The tribunal shall order additional genetic testing upon the request of a party who
951
contests the result of the original testing. If the previous genetic testing identified a man as the
952
father of the child under Section
78-45g-505
, the tribunal may not order additional testing
953
unless the party provides advance payment for the testing. If the tribunal orders a second
954
genetic test in accordance with this section, the additional testing must be completed within 45
955
days of the tribunal's order or the requesting party's objection to the first test will be
956
automatically denied. If failure to complete the test occurs because of noncooperation of the
957
mother or unavailability of the child, the time will be tolled.
Text Box
- 32 -
958
Section 55.
Section
78-45g-508
is enacted to read:
959
78-45g-508. Genetic testing when specimens not available.
960
(1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man
961
who may be the father of a child, for good cause and under extraordinary circumstances the
962
tribunal considers to be just, the tribunal may order the following individuals to submit
963
specimens for genetic testing:
964
(a) the parents of the man;
965
(b) brothers and sisters of the man;
966
(c) other children of the man and their mothers; and
967
(d) other relatives of the man necessary to complete genetic testing.
968
(2) Issuance of an order under this section requires a finding that a need for genetic
969
testing outweighs the legitimate interests of the individual sought to be tested.
970
Section 56.
Section
78-45g-509
is enacted to read:
971
78-45g-509. Deceased individual.
972
For good cause shown, the tribunal may order genetic testing of a deceased individual.
973
Section 57.
Section
78-45g-510
is enacted to read:
974
78-45g-510. Identical brothers.
975
(1) The tribunal may order genetic testing of a brother of a man identified as the father
976
of a child if the man is commonly believed to have an identical brother and evidence suggests
977
that the brother may be the genetic father of the child.
978
(2) If each brother satisfies the requirements as the identified father of the child under
979
Section
78-45g-505
without consideration of another identical brother being identified as the
980
father of the child, the tribunal may rely on nongenetic evidence to adjudicate which brother is
981
the father of the child.
982
Section 58.
Section
78-45g-511
is enacted to read:
983
78-45g-511. Confidentiality of genetic testing.
984
Release of the report of genetic testing for parentage is controlled by Title 63, Chapter
985
2, Government Records Access and Management Act.
986
Section 59.
Section
78-45g-601
is enacted to read:
987
Part 6. Adjudication of Parentage
988
78-45g-601. Proceeding authorized -- Definition.
Text Box
- 33 -
989
(1) An adjudicative proceeding may be maintained to determine the parentage of a
990
child. A judicial proceeding is governed by the rules of civil procedure. An administrative
991
proceeding is governed by Title 63, Chapter 46b, Administrative Procedures Act.
992
(2) For the purposes of this part, "divorce" also includes an annulment.
993
Section 60.
Section
78-45g-602
is enacted to read:
994
78-45g-602. Standing to maintain proceeding.
995
Subject to Part 3, Voluntary Declaration of Paternity, and Sections
78-45g-607
and
996
78-45g-609
, a proceeding to adjudicate parentage may be maintained by:
997
(1) the child;
998
(2) the mother of the child;
999
(3) a man whose paternity of the child is to be adjudicated;
1000
(4) the support-enforcement agency or other governmental agency authorized by other
1001
law;
1002
(5) an authorized adoption agency or licensed child-placing agency;
1003
(6) a representative authorized by law to act for an individual who would otherwise be
1004
entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
1005
(7) an intended parent under Part 8, Gestational Agreement.
1006
Section 61.
Section
78-45g-603
is enacted to read:
1007
78-45g-603. Parties to proceeding.
1008
The following individuals shall be joined as parties in a proceeding to adjudicate
1009
parentage:
1010
(1) the mother of the child;
1011
(2) a man whose paternity of the child is to be adjudicated; and
1012
(3) the state pursuant to Section
78-45-9
.
1013
Section 62.
Section
78-45g-604
is enacted to read:
1014
78-45g-604. Personal jurisdiction.
1015
(1) An individual may not be adjudicated to be a parent unless the tribunal has personal
1016
jurisdiction over the individual.
1017
(2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise
1018
personal jurisdiction over a nonresident individual, or the guardian or conservator of the
1019
individual, if the conditions prescribed in Section
78-45f-201
are fulfilled, or the individual has
Text Box
- 34 -
House Committee Amendments 2-14-2005 dd/ecm
1020
signed a declaration of paternity.
1021
(3) Lack of jurisdiction over one individual does not preclude the tribunal from making
1022
an adjudication of parentage binding on another individual over whom the tribunal has
1023
personal jurisdiction.
1024
Section 63.
Section
78-45g-605
is enacted to read:
1025
78-45g-605. Venue.
1026
Venue for a judicial proceeding to adjudicate parentage is in the county of this state in
1027
which:
1028
(1) the child resides or is found;
1029
(2) the respondent resides or is found if the child does not reside in this state; or
1030
(3) a proceeding for probate or administration of the presumed or alleged father's estate
1031
has been commenced.
1032
Section 64.
Section
78-45g-606
is enacted to read:
1033
78-45g-606. No limitation -- Child having no declarant or adjudicated father.
1034
A proceeding to adjudicate the parentage of a child having no declarant or adjudicated
1035
father may be commenced at any time. If initiated after the child becomes an adult, only the
1036
child may initiate the proceeding.
1037
Section 65.
Section
78-45g-607
is enacted to read:
1038
78-45g-607. Limitation -- Child having presumed father.
1039
(1) Paternity of a child conceived or born during a marriage with a presumed father as
1040
described in Subsection
78-45g-204
(1)(a), (b), or (c), may H. [
only
] .H be raised by the
1040a
presumed
1041
father or the mother at any time prior to filing an action for divorce or in the pleadings at the
1042
time of the divorce of the parents.
1043
(a) If the issue is raised prior to the adjudication, genetic testing may be ordered by the
1044
tribunal in accordance with Section
78-45g-608
. Failure of the mother of the child to appear
1045
for testing may result in an order allowing a motherless calculation of paternity. Failure of the
1046
mother to make the child available may not result in a determination that the presumed father is
1047
not the father, but shall allow for appropriate proceedings to compel the cooperation of the
1048
mother. H. [
Once
] If the question of .H paternity has been raised in the pleadings in a divorce
1048a
and H. the tribunal addresses the issue and enters .H an order H. [
is entered
] .H ,
1049
the parties are estopped from raising the issue again, and the order of the tribunal may not be
1050
challenged on the basis of material mistake of fact.
Text Box
- 35 -
1051
(b) If the presumed father seeks to rebut the presumption of paternity, then denial of a
1052
motion seeking an order for genetic testing or a decision to disregard genetic test results shall
1053
be based on a preponderance of the evidence.
1054
(c) If the mother seeks to rebut the presumption of paternity, the mother has the burden
1055
to show by a preponderance of the evidence that it would be in the best interests of the child to
1056
disestablish the parent-child relationship.
1057
(2) For the presumption outside of marriage described in Subsection
78-45g-204
(1)(d),
1058
the presumption may be rebutted at any time if the tribunal determines that the presumed father
1059
and the mother of the child neither cohabited nor engaged in sexual intercourse with each other
1060
during the probable time of conception.
1061
(3) The presumption may be rebutted by:
1062
(a) genetic test results that exclude the presumed father;
1063
(b) genetic test results that rebuttably identify another man as the father in accordance
1064
with Section
78-45g-505
;
1065
(c) evidence that the presumed father and the mother of the child neither cohabited nor
1066
engaged in sexual intercourse with each other during the probable time of conception; or
1067
(d) an adjudication under this part.
1068
(4) There is no presumption to rebut if the presumed father was properly served and
1069
there has been a final adjudication of the issue.
1070
Section 66.
Section
78-45g-608
is enacted to read:
1071
78-45g-608. Authority to deny motion for genetic testing or disregard test results.
1072
(1) In a proceeding to adjudicate the parentage of a child having a presumed father or
1073
to challenge the paternity of a child having a declarant father, the tribunal may deny a motion
1074
seeking an order for genetic testing of the mother, the child, and the presumed or declarant
1075
father, or if testing has been completed, the tribunal may disregard genetic test results that
1076
exclude the presumed or declarant father if the tribunal determines that:
1077
(a) the conduct of the mother or the presumed or declarant father estops that party from
1078
denying parentage; and
1079
(b) it would be inequitable to disrupt the father-child relationship between the child
1080
and the presumed or declarant father.
1081
(2) In determining whether to deny a motion seeking an order for genetic testing or to
Text Box
- 36 -
1082
disregard genetic test results under this section, the tribunal shall consider the best interest of
1083
the child, including the following factors:
1084
(a) the length of time between the proceeding to adjudicate parentage and the time that
1085
the presumed or declarant father was placed on notice that he might not be the genetic father;
1086
(b) the length of time during which the presumed or declarant father has assumed the
1087
role of father of the child;
1088
(c) the facts surrounding the presumed or declarant father's discovery of his possible
1089
nonpaternity;
1090
(d) the nature of the relationship between the child and the presumed or declarant
1091
father;
1092
(e) the age of the child;
1093
(f) the harm that may result to the child if presumed or declared paternity is
1094
successfully disestablished;
1095
(g) the nature of the relationship between the child and any alleged father;
1096
(h) the extent to which the passage of time reduces the chances of establishing the
1097
paternity of another man and a child-support obligation in favor of the child; and
1098
(i) other factors that may affect the equities arising from the disruption of the
1099
father-child relationship between the child and the presumed or declarant father or the chance
1100
of other harm to the child.
1101
(3) If the tribunal denies a motion seeking an order for genetic testing or disregards
1102
genetic test results that exclude the presumed or declarant father, it shall issue an order
1103
adjudicating the presumed or declarant father to be the father of the child.
1104
Section 67.
Section
78-45g-609
is enacted to read:
1105
78-45g-609. Limitation -- Child having declarant father.
1106
(1) If a child has a declarant father, a signatory to the declaration of paternity or denial
1107
of paternity or a support-enforcement agency may commence a proceeding seeking to rescind
1108
the declaration or denial or challenge the paternity of the child only within the time allowed
1109
under Section
78-45g-306
or
78-45g-307
.
1110
(2) A proceeding under this section is subject to the application of the principles of
1111
estoppel established in Section
78-45g-608
.
1112
Section 68.
Section
78-45g-610
is enacted to read:
Text Box
- 37 -
1113
78-45g-610. Joinder of judicial proceedings.
1114
(1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
1115
parentage may be joined with a proceeding for adoption, termination of parental rights, child
1116
custody or visitation, child support, divorce, annulment, legal separation or separate
1117
maintenance, probate or administration of an estate, or other appropriate proceeding.
1118
(2) A respondent may not join a proceeding described in Subsection (1) with a
1119
proceeding to adjudicate parentage brought under the Uniform Interstate Family Support Act.
1120
Section 69.
Section
78-45g-611
is enacted to read:
1121
78-45g-611. Proceeding before birth.
1122
A proceeding to determine parentage may be commenced before the birth of the child,
1123
but may not be concluded until after the birth of the child. The following actions may be taken
1124
before the birth of the child:
1125
(1) service of process;
1126
(2) discovery; and
1127
(3) except as prohibited by Section
78-45g-502
, collection of specimens for genetic
1128
testing.
1129
Section 70.
Section
78-45g-612
is enacted to read:
1130
78-45g-612. Child as party -- Representation.
1131
(1) A minor child is a permissible party, but is not a necessary party to a proceeding
1132
under this part.
1133
(2) The tribunal may appoint a guardian ad litem to represent a minor or incapacitated
1134
child if the child is a party or the tribunal finds that the interests of the child are not adequately
1135
represented.
1136
Section 71.
Section
78-45g-613
is enacted to read:
1137
78-45g-613. Admissibility of results of genetic testing -- Expenses.
1138
(1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert
1139
is admissible as evidence of the truth of the facts asserted in the report unless a party objects to
1140
its admission within 14 days after its receipt by the objecting party and cites specific grounds
1141
for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The
1142
admissibility of the report is not affected by whether the testing was performed:
1143
(a) voluntarily or pursuant to an order of the tribunal; or
Text Box
- 38 -
1144
(b) before or after the commencement of the proceeding.
1145
(2) A party objecting to the results of genetic testing may call one or more
1146
genetic-testing experts to testify in person or by telephone, video conference, deposition, or
1147
another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party
1148
offering the testimony bears the expense for the expert testifying.
1149
(3) If a child has a presumed or declarant father, the results of genetic testing are
1150
inadmissible to adjudicate parentage unless performed:
1151
(a) pursuant to Section
78-45g-503
;
1152
(b) within the time periods set forth in this chapter; and
1153
(c) pursuant to a tribunal order or administrative process; or
1154
(d) with the consent of both the mother and the presumed or declarant father.
1155
(4) If a child has an adjudicated father, the results of genetic testing are inadmissible to
1156
challenge paternity except as set forth in Sections
78-45g-607
and
78-45g-608
.
1157
(5) Copies of bills for genetic testing and for prenatal and postnatal health care for the
1158
mother and child which are furnished to the adverse party not less than ten days before the date
1159
of a hearing are admissible to establish:
1160
(a) the amount of the charges billed; and
1161
(b) that the charges were reasonable, necessary, and customary.
1162
Section 72.
Section
78-45g-614
is enacted to read:
1163
78-45g-614. Consequences of failing to submit to genetic testing.
1164
(1) An order for genetic testing is enforceable by contempt.
1165
(2) If an individual whose paternity is being determined fails to submit to genetic
1166
testing ordered by the tribunal, the tribunal for that reason may adjudicate parentage contrary to
1167
the position of that individual.
1168
(3) Genetic testing of the mother of a child is not a condition precedent to testing the
1169
child and a man whose paternity is being determined. If the mother is unavailable or fails to
1170
submit to genetic testing, the tribunal may order the testing of the child and every man who is
1171
potentially the father of the child.
1172
Section 73.
Section
78-45g-615
is enacted to read:
1173
78-45g-615. Admission of paternity authorized.
1174
(1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of
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1175
a child by filing a pleading to that effect or by admitting paternity under penalty of perjury
1176
when making an appearance or during a hearing.
1177
(2) If the tribunal finds that the admission of paternity satisfies the requirements of this
1178
section and finds that there is no reason to question the admission, the tribunal shall issue an
1179
order adjudicating the child to be the child of the man admitting paternity.
1180
Section 74.
Section
78-45g-616
is enacted to read:
1181
78-45g-616. Temporary order.
1182
(1) In a proceeding under this part, the tribunal shall issue a temporary order for
1183
support of a child if the order is appropriate and the individual ordered to pay support is:
1184
(a) a presumed father of the child;
1185
(b) petitioning to have his paternity adjudicated;
1186
(c) identified as the father through genetic testing under Section
78-45g-505
;
1187
(d) an alleged father who has failed to submit to genetic testing;
1188
(e) shown by clear and convincing evidence to be the father of the child; or
1189
(f) the mother of the child.
1190
(2) A temporary tribunal order may include provisions for custody and visitation as
1191
provided by other laws of this state.
1192
Section 75.
Section
78-45g-617
is enacted to read:
1193
78-45g-617. Rules for adjudication of paternity.
1194
The tribunal shall apply the following rules to adjudicate the paternity of a child:
1195
(1) The paternity of a child having a presumed, declarant, or adjudicated father may be
1196
disproved only by admissible results of genetic testing excluding that man as the father of the
1197
child or identifying another man as the father of the child.
1198
(2) Unless the results of genetic testing are admitted to rebut other results of genetic
1199
testing, a man identified as the father of a child under Section
78-45g-505
must be adjudicated
1200
the father of the child, unless an exception is granted under Section
78-45g-608
.
1201
(3) If the tribunal finds that genetic testing under Section
78-45g-505
neither identifies
1202
nor excludes a man as the father of a child, the tribunal may not dismiss the proceeding. In that
1203
event, the tribunal shall order further testing.
1204
(4) Unless the results of genetic testing are admitted to rebut other results of genetic
1205
testing, a man properly excluded as the father of a child by genetic testing must be adjudicated
Text Box
- 40 -
1206
not to be the father of the child.
1207
Section 76.
Section
78-45g-618
is enacted to read:
1208
78-45g-618. Adjudication of parentage -- Jury trial prohibited.
1209
A jury trial is prohibited to adjudicate paternity of a child.
1210
Section 77.
Section
78-45g-619
is enacted to read:
1211
78-45g-619. Adjudication of parentage -- Hearings -- Inspection of records.
1212
(1) On request of a party and for good cause shown, the tribunal may close a
1213
proceeding under this part.
1214
(2) A final order in a proceeding under this part is available for public inspection.
1215
Other papers and records are available only with the consent of the parties or on order of the
1216
tribunal for good cause.
1217
Section 78.
Section
78-45g-620
is enacted to read:
1218
78-45g-620. Adjudication of parentage -- Order on default.
1219
The tribunal shall issue an order adjudicating the paternity of a man who:
1220
(1) after service of process, is in default; and
1221
(2) is found by the tribunal to be the father of a child.
1222
Section 79.
Section
78-45g-621
is enacted to read:
1223
78-45g-621. Adjudication of parentage -- Dismissal for want of prosecution.
1224
The tribunal may issue an order dismissing a proceeding commenced under this chapter
1225
for want of prosecution only without prejudice. An order of dismissal for want of prosecution
1226
purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
1227
Section 80.
Section
78-45g-622
is enacted to read:
1228
78-45g-622. Order adjudicating parentage.
1229
(1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to
1230
be the father is the parent of the child.
1231
(2) An order adjudicating parentage must identify the child by name and date of birth.
1232
(3) Except as otherwise provided in Subsection (4), the tribunal may assess filing fees,
1233
reasonable attorney's fees, fees for genetic testing, other costs, necessary travel, and other
1234
reasonable expenses incurred in a proceeding under this part. The tribunal may award
1235
attorney's fees, which may be paid directly to the attorney, who may enforce the order in the
1236
attorney's own name.
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1237
(4) The tribunal may not assess fees, costs, or expenses against the
1238
support-enforcement agency of this state or another state, except as provided by law.
1239
(5) On request of a party and for good cause shown, the tribunal may order that the
1240
name of the child be changed.
1241
(6) If the order of the tribunal is at variance with the child's birth certificate, the
1242
tribunal shall order the Office of Vital Records to issue an amended birth registration.
1243
Section 81.
Section
78-45g-623
is enacted to read:
1244
78-45g-623. Binding effect of determination of parentage.
1245
(1) Except as otherwise provided in Subsection (2), a determination of parentage is
1246
binding on:
1247
(a) all signatories to a declaration or denial of paternity as provided in Part 3,
1248
Voluntary Declaration of Paternity; and
1249
(b) all parties to an adjudication by a tribunal acting under circumstances that satisfy
1250
the jurisdictional requirements of Section
78-45f-201
.
1251
(2) A child is not bound by a determination of parentage under this chapter unless:
1252
(a) the determination was based on an unrescinded declaration of paternity and the
1253
declaration is consistent with the results of genetic testing;
1254
(b) the adjudication of parentage was based on a finding consistent with the results of
1255
genetic testing and the consistency is declared in the determination or is otherwise shown; or
1256
(c) the child was a party or was represented in the proceeding determining parentage by
1257
a guardian ad litem.
1258
(3) In a proceeding to dissolve a marriage, the tribunal is considered to have made an
1259
adjudication of the parentage of a child if H. the question of paternity is raised and the tribunal
1259a
adjudicates according to Part 6, Adjudication of Parentage, and .H the final order:
1260
(a) expressly identifies a child as a "child of the marriage," "issue of the marriage," or
1261
similar words indicating that the husband is the father of the child; or
1262
(b) provides for support of the child by the husband unless paternity is specifically
1263
disclaimed in the order.
1264
(4) The tribunal is not considered to have made an adjudication of the parentage of a
1265
child if the child was born at the time of entry of the order and other children are named as
1266
children of the marriage, but that child is specifically not named.
1267
(5) Once the paternity of a child has been adjudicated, an individual who was not a
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1268
party to the paternity proceeding may not challenge the paternity, unless:
1269
(a) the party seeking to challenge can demonstrate a fraud upon the tribunal;
1270
(b) the challenger can demonstrate by clear and convincing evidence that the challenger
1271
did not know about the adjudicatory proceeding or did not have a reasonable opportunity to
1272
know of the proceeding; and
1273
(c) there would be H. [
irreparable
] .H harm to the child to leave the order in place.
1274
(6) A party to an adjudication of paternity may challenge the adjudication only under
1275
law of this state relating to appeal, vacation of judgments, or other judicial review.
1276
Section 82.
Section
78-45g-701
is enacted to read:
1277
Part 7. Child of Assisted Reproduction
1278
78-45g-701. Scope.
1279
This part does not apply to the birth of a child conceived by means of sexual
1280
intercourse, or as result of a gestational agreement as provided in Part 8, Gestational
1281
Agreement.
1282
Section 83.
Section
78-45g-702
is enacted to read:
1283
78-45g-702. Parental status of donor.
1284
A donor is not a parent of a child conceived by means of assisted reproduction.
1285
Section 84.
Section
78-45g-703
is enacted to read:
1286
78-45g-703. Husband's paternity of child of assisted reproduction.
1287
If a husband provides sperm for, or consents to, assisted reproduction by his wife as
1288
provided in Section
78-45g-704
, he is the father of a resulting child born to his wife.
1289
Section 85.
Section
78-45g-704
is enacted to read:
1290
78-45g-704. Consent to assisted reproduction.
1291
(1) A consent to assisted reproduction by a married woman must be in a record signed
1292
by the woman and her husband. This requirement does not apply to the donation of eggs for
1293
assisted reproduction by another woman.
1294
(2) Failure of the husband to sign a consent required by Subsection (1), before or after
1295
the birth of the child, does not preclude a finding that the husband is the father of a child born
1296
to his wife if the wife and husband openly treat the child as their own.
1297
Section 86.
Section
78-45g-705
is enacted to read:
1298
78-45g-705. Limitation on husband's dispute of paternity.
Text Box
- 43 -
1299
(1) Except as otherwise provided in Subsection (2), the husband of a wife who gives
1300
birth to a child by means of assisted reproduction may not challenge his paternity of the child
1301
unless:
1302
(a) within two years after learning of the birth of the child he commences a proceeding
1303
to adjudicate his paternity; and
1304
(b) the tribunal finds that he did not consent to the assisted reproduction, before or after
1305
the birth of the child.
1306
(2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal
1307
determines that:
1308
(a) the husband did not provide sperm for, or before or after the birth of the child
1309
consent to, assisted reproduction by his wife;
1310
(b) the husband and the mother of the child have not cohabited since the probable time
1311
of assisted reproduction; and
1312
(c) the husband never openly treated the child as his own.
1313
(3) The limitation provided in this section applies to a marriage declared invalid after
1314
assisted reproduction.
1315
Section 87.
Section
78-45g-706
is enacted to read:
1316
78-45g-706. Effect of dissolution of marriage.
1317
(1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the
1318
former spouse is not a parent of the resulting child unless the former spouse consented in a
1319
record that if assisted reproduction were to occur after a divorce, the former spouse would be a
1320
parent of the child.
1321
(2) The consent of the former spouse to assisted reproduction may be revoked by that
1322
individual in a record at any time before placement of eggs, sperm, or embryos.
1323
Section 88.
Section
78-45g-707
is enacted to read:
1324
78-45g-707. Parental status of deceased spouse.
1325
If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
1326
not a parent of the resulting child unless the deceased spouse consented in a record that if
1327
assisted reproduction were to occur after death, the deceased spouse would be a parent of the
1328
child.
1329
Section 89.
Section
78-45g-801
is enacted to read:
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1330
Part 8. Gestational Agreement
1331
78-45g-801. Gestational agreement authorized.
1332
(1) A prospective gestational mother, her husband if she is married, a donor or the
1333
donors, and the intended parents may enter into a written agreement providing that:
1334
(a) the prospective gestational mother agrees to pregnancy by means of assisted
1335
reproduction;
1336
(b) the prospective gestational mother, her husband if she is married, and the donors
1337
relinquish all rights and duties as the parents of a child conceived through assisted
1338
reproduction; and
1339
(c) the intended parents become the parents of the child.
1339a
H. (2) The intended gestational mother may not currently be receiving Medicaid or any
1339b
other state assistance. .H
1340
H. [
(2)
] (3) .H The intended parents shall be married, and both spouses must be parties to
1340a
the
1341
gestational agreement.
1342
H. [
(3)
] (4) .H A gestational agreement is enforceable only if validated as provided in
1342a
Section
1343
78-45g-803
.
1344
H. [
(4)
] (5) .H A gestational agreement does not apply to the birth of a child conceived by
1344a
means
1345
of sexual intercourse H. or if neither intended parent is a donor .H .
1345a
H. (6) The parties to a gestational agreement shall be 21 years of age or older.
1345b
(7) The gestational mother's eggs may not be used in the assisted reproduction
1345c
procedure.
1345d
(8) If the gestational mother is married, her husband's sperm may not be used in the
1345e
assisted reproduction procedure. .H
1346
Section 90.
Section
78-45g-802
is enacted to read:
1347
78-45g-802. Requirements of petition.
1348
(1) The intended parents and the prospective gestational mother may file a petition in
1349
the district tribunal to validate a gestational agreement.
1350
(2) A petition to validate a gestational agreement may not be maintained unless either
1351
the mother or intended parents have been residents of this state for at least 90 days.
1352
(3) The prospective gestational mother's husband, if she is married, must join in the
1353
petition.
1354
(4) A copy of the gestational agreement must be attached to the petition.
1355
Section 91.
Section
78-45g-803
is enacted to read:
1356
78-45g-803. Hearing to validate gestational agreement.
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House Floor Amendments 2-16-2005 ch/ecm
1357
(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
1358
validating the gestational agreement and declaring that the intended parents will be the parents
1359
of a child born during the term of the agreement.
1360
(2) The tribunal may issue an order under Subsection (1) only on finding that:
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1361
(a) the residence requirements of Section
78-45g-802
have been satisfied and the
1362
parties have submitted to jurisdiction of the tribunal under the jurisdictional standards of this
1363
part;
1364
(b) medical evidence shows that the intended mother is unable to bear a child or is
1365
unable to do so without unreasonable risk to her physical or mental health or to the unborn
1366
child;
1367
(c) unless waived by the tribunal, a home study of the intended parents has been
1368
conducted in accordance with Section
78-30-3.5
, and the intended parents meet the standards
1369
of fitness applicable to adoptive parents;
1369a
H. (d) all parties have participated in counseling with a licensed mental health
1369b
professional as evidenced by a certificate signed by the licensed mental health professional
1369c
which affirms that all parties have discussed options and consequences of the agreement and
1369d
presented to the tribunal;
1370
[
(d)
] (e) .H all parties have voluntarily entered into the agreement and understand its
1370a
terms;
1371
H. [
(e)
] (f) .H the prospective gestational mother has had at least one pregnancy and
1371a
delivery and
1372
her bearing another child will not pose an unreasonable health risk to the unborn child or to the
1373
physical or mental health of the prospective gestational mother;
1374
H. [
(f)
] (g) .H adequate provision has been made for all reasonable health-care expense
1374a
associated
1375
with the gestational agreement until the birth of the child, including responsibility for those
1376
expenses if the agreement is terminated; H. [
and
]
1377
[
(g)
] (h) .H the consideration, if any, paid to the prospective gestational mother is
1377a
reasonable H. ;
1377b
(i) all the parties to the agreement are 21 years of age or older;
1377c
(j) the gestational mother's eggs are not being used in the assisted reproduction
1377d
procedure; and
1377e
(k) if the gestational mother is married, her husband's sperm is not being used in the
1377f
assisted reproduction procedure .H .
1378
(3) Whether to validate a gestational agreement is within the discretion of the tribunal,
1379
subject only to review for abuse of discretion.
1380
Section 92.
Section
78-45g-804
is enacted to read:
1381
78-45g-804. Inspection of records.
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1382
The proceedings, records, and identities of the individuals to a gestational agreement
1383
under this part are subject to inspection under the confidentiality standards applicable to
1384
adoptions as provided under other laws of this state.
1385
Section 93.
Section
78-45g-805
is enacted to read:
1386
78-45g-805. Exclusive, continuing jurisdiction.
1387
Subject to the jurisdictional standards of Section
78-45c-201
, the tribunal conducting a
1388
proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the
1389
gestational agreement until a child born to the gestational mother during the period governed
1390
by the agreement attains the age of 180 days.
1391
Section 94.
Section
78-45g-806
is enacted to read:
Text Box
- 46 -
1392
78-45g-806. Termination of gestational agreement.
1393
(1) After issuance of an order under this part, but before the prospective gestational
1394
mother becomes pregnant by means of assisted reproduction, the prospective gestational
1395
mother, her husband, or either of the intended parents may terminate the gestational agreement
1396
only by giving written notice of termination to all other parties.
1397
(2) The tribunal for good cause shown also may terminate the gestational agreement.
1398
(3) An individual who terminates an agreement shall file notice of the termination with
1399
the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
1400
An individual who does not notify the tribunal of the termination of the agreement is subject to
1401
appropriate sanctions.
1402
(4) Neither a prospective gestational mother nor her husband, if any, is liable to the
1403
intended parents for terminating an agreement pursuant to this section.
1404
Section 95.
Section
78-45g-807
is enacted to read:
1405
78-45g-807. Parentage under validated gestational agreement.
1406
(1) Upon birth of a child to a gestational mother, the intended parents shall file notice
1407
with the tribunal that a child has been born to the gestational mother within 300 days after
1408
assisted reproduction. Thereupon, the tribunal shall issue an order:
1409
(a) confirming that the intended parents are the parents of the child;
1410
(b) if necessary, ordering that the child be surrendered to the intended parents; and
1411
(c) directing the Office of Vital Records to issue a birth certificate naming the intended
1412
parents as parents of the child.
1413
(2) If the parentage of a child born to the gestational mother is in dispute as not the
1414
result of an assisted reproduction, the tribunal shall order genetic testing to determine the
1415
parentage of the child.
1416
Section 96.
Section
78-45g-808
is enacted to read:
1417
78-45g-808. Gestational agreement -- Miscellaneous provisions.
1418
(1) A gestational agreement may provide for payment of consideration.
1419
(2) A gestational agreement may not limit the right of the gestational mother to make
1420
decisions to safeguard her health or that of the embryo or fetus.
1421
(3) After the issuance of an order under this part, subsequent marriage of the
1422
gestational mother does not affect the validity of a gestational agreement, and her husband's
Text Box
- 47 -
1423
consent to the agreement is not required, nor is her husband a presumed father of the resulting
1424
child.
1425
Section 97.
Section
78-45g-809
is enacted to read:
1426
78-45g-809. Effect of nonvalidated gestational agreement.
1427
(1) A gestational agreement, whether in a record or not, which is not validated by a
1428
tribunal is not enforceable.
1429
(2) If a birth results under a gestational agreement that is not judicially validated as
1430
provided in this part, the parent-child relationship is determined as provided in Part 2,
1431