Title 81, Utah Domestic Relations Code

81-5-409. Search of records -- Certificate. (1) Upon the request of an individual, tribunal, or agency identified in Section 81-5-405, the Office of Vital Records and Statistics shall search its records for any registration made in accordance with Section 81-5-401 and furnish to …

81-5-410. Admissibility of information. A certificate of search of the registry of parentage in this or another state is admissible in a proceeding for adoption of a child and, if relevant, in other legal proceedings.

81-5-501. Scope of part. This part governs genetic testing of an individual to determine parentage, whether the individual: (1) voluntarily submits to testing; or (2) is tested pursuant to an order of a tribunal or a child support services agency.

81-5-502. Order for testing. (1) Upon the motion of any party to the action, except as otherwise provided in this part and Part 6, Adjudication of Parentage, the tribunal shall order the child and other designated individuals to submit to genetic testing if the request for testin…

81-5-503. Requirements for genetic testing. (1) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (a) the American Association of Blood Banks, or a successor to its functions; (…

81-5-504. Report of genetic testing. (1)(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. (b) A report made under the requirements of this part is self-authenticating. (2) Documentation from the testin…

81-5-505. Genetic testing results -- Rebuttal. (1) Under this chapter, a man is presumed to be identified as the father of a child if the genetic testing complies with this part and the results disclose that: (a) the man has at least a 99% probability of parentage, using a prior …

81-5-506. Costs of genetic testing. (1) Subject to assessment of costs under Part 6, Adjudication of Parentage, the cost of initial genetic testing shall be advanced: (a) by a child support services agency in a proceeding in which the child support services agency is providing se…

81-5-507. Additional genetic testing. (1) The tribunal shall order additional genetic testing upon the request of a party who contests the result of the original testing. (2) If the previous genetic testing identified a man as the father of the child under Section 81-5-505, the t…

81-5-508. Genetic testing when specimens not available. (1) Subject to Subsection (2), if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under extraordinary circumstances the tribunal considers to be just, the tribunal …

81-5-509. Deceased individual. For good cause shown, the tribunal may order genetic testing of a deceased individual.

81-5-510. Identical brothers. (1) The tribunal may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (2) If ea…

81-5-511. Confidentiality of genetic testing. Release of the report of genetic testing for parentage is controlled by Title 63G, Chapter 2, Government Records Access and Management Act.

81-5-601. Definitions for part -- Proceeding authorized. (1) As used in this part, "divorce" includes an annulment. (2) An adjudicative proceeding may be maintained to determine the parentage of a child. (3) A judicial proceeding is governed by the Utah Rules of Civil Procedure. …

81-5-602. Standing to maintain proceeding. Subject to Part 3, Voluntary Declaration of Paternity, and Sections 81-5-607 and 81-5-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the birth mother of the child; (3) a man whose paternity of the chil…

81-5-603. Parties to proceeding. The following individuals shall be joined as parties in a proceeding to adjudicate parentage: (1) the birth mother of the child; (2) a man whose paternity of the child is to be adjudicated; and (3) the state in accordance with Section 81-6-106.…

81-5-604. Personal jurisdiction. (1) An individual may not be adjudicated to be a parent unless the tribunal has personal jurisdiction over the individual. (2) A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonreside…

81-5-605. Venue for a parentage proceeding. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a proceeding to adjudicate parentage in the county in which: (a) the child resides or is found; (b) the respondent resides or is found if the child…

81-5-606. No limitation -- Child having no declarant or adjudicated father. (1) A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. (2) If initiated after the child becomes an adult, only the child may initia…

81-5-607. Limitation -- Child having presumed father. (1)(a) Parentage of a child conceived or born during a marriage with a presumed father, as described in Subsection 81-5-204(1)(a), (b), or (c) may be raised by the presumed father, the birth mother, or a child support services…

81-5-608. Authority to deny motion for genetic testing or disregard test results. (1) As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic father of…

81-5-609. Limitation -- Child having declarant father. (1) If a child has a declarant father, a signatory to the declaration of paternity or denial of paternity or a child support services agency may commence a proceeding seeking to rescind the declaration or denial or challenge …

81-5-610. Joinder of judicial proceedings -- Court reliance of custody and parent-time standards. (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child …

81-5-611. Proceeding before birth. (1) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. (2) The following actions may be taken before the birth of the child: (a) service of process; (b…

81-5-612. Minor child as party -- Representation. (1) A minor child is a permissible party, but is not a necessary party to a proceeding under this part. (2) The tribunal may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803, or a private attorney guard…

81-5-613. Admissibility of results of genetic testing -- Expenses. (1)(a) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within…

81-5-614. Consequences of failing to submit to genetic testing. (1) An order for genetic testing is enforceable by contempt. (2) If an individual whose parentage is being determined fails to submit to genetic testing ordered by the tribunal, the tribunal for that reason may adjud…

81-5-615. Admission of parentage authorized. (1) A respondent in a proceeding to adjudicate parentage may admit to the parentage of a child by filing a pleading to that effect or by admitting parentage under penalty of perjury when making an appearance or during a hearing. (2) If…

81-5-616. Temporary order. (1) In a proceeding under this part, the tribunal shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (a) a presumed father of the child; (b) petitioning to be adjudicated a pare…

81-5-617. Requirements for adjudication of parentage. (1) In an adjudication of the parentage of a child, the tribunal may only disprove the parentage of a child having a presumed father, declarant father, or adjudicated father if there are admissible results of genetic testing e…

81-5-618. Adjudication of parentage -- Jury trial prohibited. A jury trial is prohibited to adjudicate parentage of a child.

81-5-619. Adjudication of parentage -- Hearings -- Inspection of records. (1) On request of a party and for good cause shown, the tribunal may close a proceeding under this part. (2) A final order in a proceeding under this part is available for public inspection. (3) Other paper…

81-5-620. Adjudication of parentage -- Order on default. The tribunal shall issue an order adjudicating the parentage of a man who: (1) after service of process, is in default; and (2) is found by the tribunal to be the father of a child.

81-5-621. Adjudication of parentage -- Dismissal for want of prosecution. (1) The tribunal may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. (2) An order of dismissal for want of prosecution purportedly with pr…

81-5-622. Order adjudicating parentage. (1) The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (2) An order adjudicating parentage must identify the child by name and date of birth. (3)(a) Except as otherw…

81-5-623. Binding effect of determination of parentage. (1) Except as otherwise provided in Subsection (2), a determination of parentage is binding on: (a) all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary Declaration of Paternity; and (b) a…

81-5-701. Scope. This part does not apply to the birth of a child conceived by means of sexual intercourse or as result of a gestational agreement described in Part 8, Gestational Agreement.

81-5-702. Parental status of donor. A donor is not a parent of a child conceived by means of assisted reproduction.

81-5-703. Husband's parentage of child of assisted reproduction. If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 81-5-704, the husband is the father of a resulting child born to his wife.

81-5-704. Consent to assisted reproduction. (1)(a) A consent to assisted reproduction by a married woman must be in a record signed by the woman and her husband. (b) The requirement described in Subsection (1)(a) does not apply to the donation of eggs for assisted reproduction by…

81-5-705. Limitation on husband's dispute of paternity. (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 the husband's paternity of the child unless: (a) within two years after…

81-5-706. Effect of dissolution of marriage. (1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a d…

81-5-707. Parental status of deceased spouse. If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the d…

81-5-708. Access to identifying information and medical history. (1) A person conceived through assisted reproduction who is at least 18 years old shall be provided, upon the person's request, access to the nonidentifying medical history of the donor who assisted in the reproduct…

81-5-801. Gestational agreement authorized. (1) A prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, a donor or the donors, and the intended parents may enter into a written agreement providing that: (a) t…

81-5-802. Requirements of petition. (1) The intended parents and the prospective gestational mother may file a petition in the district tribunal to validate a gestational agreement. (2) A petition to validate a gestational agreement may not be maintained unless either the mother …