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. |
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(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). |
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(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an effective declaration of paternity by the man under 3, unless the declaration has been rescinded or successfully challenged; |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. |
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Amended by Chapter 156, 2017 General Session