Utah Code 78B-15-705. Limitation on husband’s dispute of paternity
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(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
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- 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
(1)(a) within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(1)(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:
(2)(a) the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;
(2)(b) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(2)(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.