78B-15-201.  Establishment of parent-child relationship.

(1) 

Terms Used In Utah Code 78B-15-201

  • Assisted reproduction: means a method of causing pregnancy other than sexual intercourse. See Utah Code 78B-15-102
  • Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
  • Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. See Utah Code 78B-15-102
  • Parent: means an individual who has established a parent-child relationship under Section 78B-15-201. See Utah Code 78B-15-102
  • Parent-child relationship: means the legal relationship between a child and a parent of the child. See Utah Code 78B-15-102
(a)  The mother-child relationship is established between a woman and a child by:

(i)  the woman’s having given birth to the child, except as otherwise provided in 8;

(ii)  an adjudication of the woman’s maternity;

(iii)  adoption of the child by the woman;

(iv)  an adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated under 8, or is enforceable under other law; or

(v)  an unrebutted presumption of maternity of the child established in the same manner as under Section 78B-15-204.

(b)  In this chapter, the presumption of maternity shall be treated the same as a presumption of paternity as established in Subsection 78B-15-201(2)(a).

(2)  The father-child relationship is established between a man and a child by:

(a)  an unrebutted presumption of the man’s paternity of the child under Section 78B-15-204;

(b)  an effective declaration of paternity by the man under 3, unless the declaration has been rescinded or successfully challenged;

(c)  an adjudication of the man’s paternity;

(d)  adoption of the child by the man;

(e)  the man having consented to assisted reproduction by a woman under 7, which resulted in the birth of the child; or

(f)  an adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated under 8, or is enforceable under other law.

Amended by Chapter 156, 2017 General Session