Establishment of parent-child relationship.

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  • (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).
  • (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of paternity by the man under Part 3, Voluntary Declaration of Paternity Act, unless the declaration has been rescinded or successfully challenged;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.




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