LilMtnCbn
02-05-2004, 07:20 AM
http://www.sltrib.com/2004/Feb/02052004/utah/135879.asp
Bill would define mom, dad, child
By Rebecca Walsh
The Salt Lake Tribune
Advances in reproductive technology have forced state lawmakers to
reconsider commonly accepted definitions of mother, father and child.
Despite uncomfortable issues raised by provisions in Sen. Lyle Hillyard's
Uniform Parentage Act, members of the Senate Judiciary Committee on Wednesday
signed off on the legislation after moving its effective day to May 1, 2005, to
give themselves a year to work out details.
Senate Bill 45 now goes to the full Senate for consideration.
Hillyard's bill would distinguish between "presumed" or "declarant" fathers
in cases where a child's paternity is in question, would define the
mother-child relationship when a surrogate gives birth and would establish a
statewide paternity registry to avoid conflicts when unwed mothers give up
children for adoption.
The Logan Republican says Utah needs a law to define family relationships.
Gaps in state statutes have led to litigation from unmarried fathers whose
children were adopted without their permission, fathers who have raised
children only to find out they are not the biological parents, and couples who
had children through a surrogate but could not list the mother's name on their
birth certificates.
Other states are crafting similar legislation.
Fundamentally, the Parentage Act would define who a child's father is to
determine whether a child could be adopted and who is responsible for child
support. Under Hillyard's draft, a man is presumed to be a child's father if he
and the mother are married when the child is born or if the child is born
within 300 days after the marriage is terminated by death, annulment, divorce
or legal separation. A man could voluntarily declare that he is a child's
parent. And a man could challenge paternity with a genetic test. Those
declarations would be filed in a state paternity registry.
"You don't want it to be too easy for a father to walk away from his
responsibilities," Hillyard said. His legislation would hold a father
responsible to pay for a woman's pregnancy and confinement costs and for the
education, support and funeral expenses of the child.
For cases in which couples use artificial insemination or in vitro
fertilization to have a child, the bill would legally separate donors from the
parents. And in cases where a surrogate carries and gives birth to the child,
the legislation sets out guidelines for a "gestational agreement" to clarify
that the intended parents will be listed on the child's birth certificate. The
act also provides steps for husbands to dispute paternity in cases of assisted
reproduction.
The State Office of Recovery Services and the Utah Adoption Council back
Hillyard's bill.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Bill would define mom, dad, child
By Rebecca Walsh
The Salt Lake Tribune
Advances in reproductive technology have forced state lawmakers to
reconsider commonly accepted definitions of mother, father and child.
Despite uncomfortable issues raised by provisions in Sen. Lyle Hillyard's
Uniform Parentage Act, members of the Senate Judiciary Committee on Wednesday
signed off on the legislation after moving its effective day to May 1, 2005, to
give themselves a year to work out details.
Senate Bill 45 now goes to the full Senate for consideration.
Hillyard's bill would distinguish between "presumed" or "declarant" fathers
in cases where a child's paternity is in question, would define the
mother-child relationship when a surrogate gives birth and would establish a
statewide paternity registry to avoid conflicts when unwed mothers give up
children for adoption.
The Logan Republican says Utah needs a law to define family relationships.
Gaps in state statutes have led to litigation from unmarried fathers whose
children were adopted without their permission, fathers who have raised
children only to find out they are not the biological parents, and couples who
had children through a surrogate but could not list the mother's name on their
birth certificates.
Other states are crafting similar legislation.
Fundamentally, the Parentage Act would define who a child's father is to
determine whether a child could be adopted and who is responsible for child
support. Under Hillyard's draft, a man is presumed to be a child's father if he
and the mother are married when the child is born or if the child is born
within 300 days after the marriage is terminated by death, annulment, divorce
or legal separation. A man could voluntarily declare that he is a child's
parent. And a man could challenge paternity with a genetic test. Those
declarations would be filed in a state paternity registry.
"You don't want it to be too easy for a father to walk away from his
responsibilities," Hillyard said. His legislation would hold a father
responsible to pay for a woman's pregnancy and confinement costs and for the
education, support and funeral expenses of the child.
For cases in which couples use artificial insemination or in vitro
fertilization to have a child, the bill would legally separate donors from the
parents. And in cases where a surrogate carries and gives birth to the child,
the legislation sets out guidelines for a "gestational agreement" to clarify
that the intended parents will be listed on the child's birth certificate. The
act also provides steps for husbands to dispute paternity in cases of assisted
reproduction.
The State Office of Recovery Services and the Utah Adoption Council back
Hillyard's bill.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
