Effective 5/9/2017
78B-15-201. Establishment of parent-child relationship.
78B-15-201. Establishment of parent-child relationship.
- (1)
- (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 Part 8, Gestational Agreement;
- (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 Part 8, Gestational Agreement, 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).
- (a) The mother-child relationship is established between a woman and a child by:
- (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of paternity by the man under Part 3, Voluntary Declaration of Paternity Act, unless the declaration has been rescinded or successfully challenged;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 Part 7, Assisted Reproduction, 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 Part 8, Gestational Agreement, or is enforceable under other law.
Amended by Chapter 156, 2017 General Session