Utah Code 78B-12-105.1. Duty of biological father to share pregnancy expenses
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(1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother‘s pregnancy expenses.
Terms Used In Utah Code 78B-12-105.1
- Child: means :(7)(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;(7)(b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or(7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102
- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Pregnancy expenses: means an amount equal to:
(21)(a) the sum of a pregnant mother's:(21)(a)(i) health insurance premiums while pregnant that are not paid by an employer or government program; and(21)(a)(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; minus(21)(b) any portion of the amount described in Subsection (21)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. See Utah Code 78B-12-102(2)(2)(a) If paternity is disputed, a biological father owes no duty under this section until the biological father’s paternity is established.(2)(b) Once paternity is established, the biological father is subject to Subsection (1).(3)(3)(a) Any portion of a mother’s pregnancy expenses paid by the mother or the biological father reduces that parent‘s 50% share under Subsection (1), not the total amount of pregnancy expenses.(3)(b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.(4) If a mother receives an abortion, as defined in Section 76-7-301, without the biological father’s consent, the biological father owes no duty under this section, unless:(4)(a) the abortion is necessary to avert the death of the mother; or(4)(b) the mother was pregnant as a result of:(4)(b)(i) rape, as described in Section 76-5-402;(4)(b)(ii) rape of a child, as described in Section 76-5-402.1; or(4)(b)(iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.(5) Subsection (1) does not apply if a court apportions pregnancy expenses under Section 30-3-5.(6) A person may seek payment under Subsection (1) in accordance with Section 78B-12-113.(7) Nothing in this section or Section 78B-12-212.1 requires a person to separately bill a biological father for pregnancy expenses.