| (1) |
Except as otherwise provided in Subsection (2), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
Terms Used In Utah Code 78B-15-705- 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
- Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
| (a) |
within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and |
| (b) |
the tribunal finds that he did not consent to the assisted reproduction, before or after the birth of the child. |
|
| (2) |
A proceeding to adjudicate paternity may be maintained at any time if the tribunal determines that:
| (a) |
the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife; |
| (b) |
the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and |
| (c) |
the husband never openly treated the child as his own. |
|
| (3) |
The limitation provided in this section applies to a marriage declared invalid after assisted reproduction. |
Renumbered and Amended by Chapter 3, 2008 General Session
