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.
  • (2)
    • (a) If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established.
    • (b) Once paternity is established, the biological father is subject to Subsection (1).
  • (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.
    • (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:
    • (a) the abortion is necessary to avert the death of the mother; or
    • (b) the mother was pregnant as a result of:
      • (i) rape, as described in Section 76-5-402;
      • (ii) rape of a child, as described in Section 76-5-402.1; or
      • (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.




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