reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 611 - Modification of child support order of another state.

Effective 7/1/2015
78B-14-611.
Modification of child support order of another state.
(1) If Section 78B-14-613 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(a) the following requirements are met:
(i) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) this state is the residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under Section 78B-14-207 establishes the aspects of the support order which are nonmodifiable.
(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(5) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
(6) Notwithstanding Subsections (1) through (5) and Subsection 78B-14-201(2), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(a) one party resides in another state; and
(b) the other party resides outside the United States.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 612 - Recognition of order modified in another state.

Effective 7/1/2015
78B-14-612.
Recognition of order modified in another state.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

Effective 5/10/2016
78B-14-613.
Jurisdiction to modify child support order of another state when individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of this part, Part 1, General Provisions, and Part 2, Jurisdiction, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, Part 7, Support Proceedings Under Convention, and Part 8, Rendition, do not apply.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 614 - Notice to issuing tribunal of modification.

78B-14-614.
Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 615 - Jurisdiction to modify child support order of foreign country.

Effective 7/1/2015
78B-14-615.
Jurisdiction to modify child support order of foreign country.
(1) Except as otherwise provided in Section 78B-14-711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to Section 78B-14-611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 6 - Registration, Enforcement, and Modification of Support Order › Section 616 - Procedure to register child support order of foreign country for modification.

Effective 7/1/2015
78B-14-616.
Procedure to register child support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under Sections 78B-14-601 through 78B-14-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition shall specify the grounds for modification.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 701.5 - Definitions.

Effective 7/1/2015
78B-14-701.5.
Definitions.
As used in this part:
(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention.
(6) "Foreign support agreement":
(a) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(b) includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 702 - Applicability.

Effective 7/1/2015
78B-14-702.
Applicability.
This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Civil Provisions of General Application, Part 4, Establishment of Support Order or Determination of Parentage, Part 5, Enforcement of Support Order Without Registration, and Part 6, Registration, Enforcement, and Modification of Support Order, this part controls.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 703 - Relationship of Department of Human Services to United States central authority.

Effective 5/3/2023
78B-14-703.
Relationship of Department of Health and Human Services to United States central authority.
The Utah Department of Health and Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 704 - Initiation by Department of Human Services of support proceeding under convention.

Effective 5/3/2023
78B-14-704.
Initiation by Department of Health and Human Services of support proceeding under convention.
(1) In a support proceeding under this part, the Utah Department of Health and Human Services shall:
(a) transmit and receive applications; and
(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) recognition or recognition and enforcement of a foreign support order;
(b) enforcement of a support order issued or recognized in this state;
(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) establishment of a support order if recognition of a foreign support order is refused under Subsection 78B-14-708(2)(b), (d), or (i);
(e) modification of a support order of a tribunal of this state; and
(f) modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) modification of a support order of a tribunal of this state; and
(c) modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 705 - Direct request.

Effective 7/1/2015
78B-14-705.
Direct request.
(1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 78B-14-706 through 78B-14-713 apply.
(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(a) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(b) an obligee or obligor that in the issuing country has benefitted from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services.
(5) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 706 - Registration of convention support order.

Effective 7/1/2015
78B-14-706.
Registration of convention support order.
(1) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Part 6, Registration, Enforcement, and Modification of Support Order.
(2) Notwithstanding Section 78B-14-311 and Subsection 78B-14-602(1), a request for registration of a convention support order shall be accompanied by:
(a) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(b) a record stating that the support order is enforceable in the issuing country;
(c) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) a record showing the amount of arrears, if any, and the date the amount was calculated;
(e) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(f) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under Section 78B-14-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 707 - Contest of registered convention support order.

Effective 7/1/2015
78B-14-707.
Contest of registered convention support order.
(1) Except as otherwise provided in this part, Sections 78B-14-605 through 78B-14-608 apply to a contest of a registered convention support order.
(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in Subsection (2), the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in Section 78B-14-708. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) may not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 708 - Recognition and enforcement of registered convention support order.

Effective 7/1/2015
78B-14-708.
Recognition and enforcement of registered convention support order.
(1) Except as otherwise provided in Subsection (2), a tribunal of this state shall recognize and enforce a registered convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) the issuing tribunal lacked personal jurisdiction consistent with Section 78B-14-201;
(c) the order is not enforceable in the issuing country;
(d) the order was obtained by fraud in connection with a matter of procedure;
(e) a record transmitted in accordance with Section 78B-14-706 lacks authenticity or integrity;
(f) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(h) payment, to the extent alleged arrears have been paid in whole or in part;
(i) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) the order was made in violation of Section 78B-14-711.
(3) If a tribunal of this state does not recognize a convention support order under Subsection (2)(b), (d), or (i):
(a) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(b) the Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 78B-14-704.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 709 - Partial enforcement.

Effective 7/1/2015
78B-14-709.
Partial enforcement.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 710 - Foreign support agreement.

Effective 7/1/2015
78B-14-710.
Foreign support agreement.
(1) Except as otherwise provided in Subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:
(a) a complete text of the foreign support agreement; and
(b) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) the agreement was obtained by fraud or falsification;
(c) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(d) the record submitted under Subsection (2) lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 711 - Modification of convention child support order.

Effective 7/1/2015
78B-14-711.
Modification of convention child support order.
(1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, Subsection 78B-14-708(3) applies.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 712 - Personal information -- Limit on use.

Effective 7/1/2015
78B-14-712.
Personal information -- Limit on use.
Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 7 - Support Proceedings Under Convention › Section 713 - Record in original language -- English translation.

Effective 7/1/2015
78B-14-713.
Record in original language -- English translation.
A record filed with a tribunal of this state under this part shall be in the original language and, if not in English, shall be accompanied by an English translation.
Revisor instructions Chapter 245, 2013 General Session
Enacted by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 8 - Rendition › Section 801 - Grounds for rendition.

78B-14-801.
Grounds for rendition.
(1) For purposes of this part, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 8 - Rendition › Section 802 - Conditions of rendition.

78B-14-802.
Conditions of rendition.
(1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 9 - Uniformity of Application › Section 901 - Uniformity of application and construction.

Effective 7/1/2015
78B-14-901.
Uniformity of application and construction.
This chapter is a uniform act. In applying and construing it, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Revisor instructions Chapter 245, 2013 General Session
Amended by Chapter 412, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 14 - Utah Uniform Interstate Family Support Act › Part 9 - Uniformity of Application › Section 902 - Transitional provision.

Effective 7/1/2015
78B-14-902.
Transitional provision.
This chapter applies to proceedings begun on or after July 1, 2015:
(1) to establish a support order or determine parentage of a child; or
(2) to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Amended by Chapter 45, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 103 - Scope -- Choice of law.

78B-15-103.
Scope -- Choice of law.
(1) This chapter applies to determinations of parentage in this state.
(2) The tribunal shall apply the law of this state to adjudicate the parent-child relationship. The applicable law may not depend upon:
(a) the place of birth of the child; or
(b) the past or present residence of the child.
(3) This chapter may not create, enlarge, or diminish parental rights or duties under other laws of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 104 - Jurisdiction -- Authority of Office of Recovery Services -- Dismissal of petition.

Effective 5/3/2023
78B-15-104.
Jurisdiction -- Authority of Office of Recovery Services -- Dismissal of petition.
(1)
(a) Except as provided in Subsection 78A-6-104(1)(a)(i), the district court has original jurisdiction over any action brought under this chapter.
(b) If the juvenile court has concurrent jurisdiction under Subsection 78A-6-104(1)(a)(i) over a paternity action filed in the district court, the district court may transfer jurisdiction over the paternity action to the juvenile court.
(2) The Office of Recovery Services is authorized to establish paternity in accordance with this chapter, Title 26B, Chapter 9, Recovery Services and Administration of Child Support, and Title 63G, Chapter 4, Administrative Procedures Act.
(3) A court shall, without adjudicating paternity, dismiss a petition that is filed under this chapter by an unmarried biological father if he is not entitled to consent to the adoption of the child under Sections 78B-6-121 and 78B-6-122.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 105 - Protection of participants.

78B-15-105.
Protection of participants.
Proceedings under this chapter are subject to other laws of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, Social Security number, the child's day-care facility, or school.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 106 - Determination of maternity.

78B-15-106.
Determination of maternity.
Provisions of this chapter relating to determination of paternity also apply to determinations of maternity.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 107 - Effect.

Effective 5/3/2023
78B-15-107.
Effect.
An adjudication or declaration of paternity shall be filed with the state registrar in accordance with Section 26B-8-104.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 108 - Obligation to provide address.

78B-15-108.
Obligation to provide address.
A party to an action under this chapter has a continuing obligation to keep the tribunal informed of the party's current address.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 109 - Limitation on recovery from the obligor.

78B-15-109.
Limitation on recovery from the obligor.
The obligor's liabilities for past support are limited to the period of four years preceding the commencement of an action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 110 - Duty of attorney general and county attorney.

78B-15-110.
Duty of attorney general and county attorney.
Whenever the state commences an action under this chapter, it shall be the duty of the attorney general or the county attorney of the county where the obligee resides to represent the state. Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying out his responsibilities under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 111 - Default judgment.

78B-15-111.
Default judgment.
Utah Rule of Civil Procedure 55, Default Judgment, shall apply to paternity actions commenced under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 113 - Parent-time rights of father.

78B-15-113.
Parent-time rights of father.
(1) If the tribunal determines that the alleged father is the father, it may upon its own motion or upon motion of the father, order parent-time rights in accordance with Sections 30-3-32 through 30-3-37 as it considers appropriate under the circumstances.
(2) Parent-time rights may not be granted to a father if the child has been subsequently adopted.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 1 - General Provisions › Section 114 - Social Security number in tribunal records.

78B-15-114.
Social Security number in tribunal records.
The Social Security number of any individual who is subject to a paternity determination shall be placed in the records relating to the matter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 2 - Parent and Child Relationship › Section 201 - Establishment of parent-child relationship.

Effective 5/9/2017
78B-15-201.
Establishment of parent-child relationship.
(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.
Amended by Chapter 156, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 2 - Parent and Child Relationship › Section 202 - No discrimination based on marital status.

78B-15-202.
No discrimination based on marital status.
A child born to parents who are not married to each other whose paternity has been determined under this chapter has the same rights under the law as a child born to parents who are married to each other.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 2 - Parent and Child Relationship › Section 203 - Consequences of establishment of parentage.

78B-15-203.
Consequences of establishment of parentage.
Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 2 - Parent and Child Relationship › Section 204 - Presumption of paternity.

78B-15-204.
Presumption of paternity.
(1) A man is presumed to be the father of a child if:
(a) he and the mother of the child are married to each other and the child is born during the marriage;
(b) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(c) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce or after a decree of separation; or
(d) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and:
(i) the assertion is in a record filed with the Office of Vital Records;
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
(iii) he promised in a record to support the child as his own.
(2) A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607.
(3) If a child has an adjudicated father, the results of genetic testing are inadmissable to challenge paternity except as set forth in Section 78B-15-607.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 301 - Declaration of paternity.

78B-15-301.
Declaration of paternity.
The mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the paternity of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 302 - Execution of declaration of paternity.

78B-15-302.
Execution of declaration of paternity.
(1) A declaration of paternity must:
(a) be in a record;
(b) be signed, or otherwise authenticated, under penalty of perjury, by the mother and by the declarant father;
(c) be signed by the birth mother and declarant father in the presence of two witnesses who are not related by blood or marriage; and
(d) state that the child whose paternity is being declared:
(i) does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) does not have another declarant or adjudicated father;
(e) state whether there has been genetic testing and, if so, that the declarant man's claim of paternity is consistent with the results of the testing; and
(f) state that the signatories understand that the declaration is the equivalent of a legal finding of paternity of the child and that a challenge to the declaration is permitted only under the limited circumstances described in Section 78B-15-307.
(2) If either the birth mother or the declarant father is a minor, the voluntary declaration must also be signed by that minor's parent or legal guardian.
(3) A declaration of paternity is void if it:
(a) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Records in accordance with Section 78B-15-303;
(b) states that another man is a declarant or adjudicated father; or
(c) falsely denies the existence of a presumed, declarant, or adjudicated father of the child.
(4) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
(5) The declaration of paternity shall be in a form prescribed by the Office of Vital Records and shall be accompanied with a written and verbal notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration.
(6) The Social Security number of any person who is subject to declaration of paternity shall be placed in the records relating to the matter.
(7) The declaration of paternity shall become an amendment to the original birth certificate. The original certificate and the declaration shall be marked as to be distinguishable. The declaration may be included as part of subsequently issued certified copies of the birth certificate. Alternatively, electronically issued copies of a certificate may reflect the amended information and the date of the amendment only.
(8) A declaration of paternity may be completed and signed any time after the birth of the child. A declaration of paternity may not be signed or filed after consent to or relinquishment for adoption has been signed.
(9) A declaration of paternity shall be considered effective when filed and entered into a database established and maintained by the Office of Vital Records.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 303 - Denial of paternity.

78B-15-303.
Denial of paternity.
A presumed or declarant father may sign a denial of his paternity. The denial is valid only if:
(1) a declaration of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 78B-15-305;
(2) the denial is in a form prescribed by and filed with the Office of Vital Records, and is signed, or otherwise authenticated, under penalty of perjury; and
(3) the presumed or declarant father has not previously:
(a) declared his paternity, unless the previous declaration has been rescinded pursuant to Section 78B-15-306 or successfully challenged pursuant to Section 78B-15-307; or
(b) been adjudicated to be the father of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 304 - Rules for declaration and denial of paternity.

78B-15-304.
Rules for declaration and denial of paternity.
(1) A declaration of paternity and a denial of paternity shall be contained in a single document. If the declaration and denial are both necessary, neither is valid until both are signed and filed.
(2) A declaration of paternity or a denial of paternity may not be signed before the birth of the child.
(3) Subject to Subsection (1), a declaration of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Office of Vital Records, whichever occurs later.
(4) A declaration of paternity or denial of paternity signed by a minor and by the minor's parent or legal guardian is valid if it is otherwise in compliance with this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 3 - Voluntary Declaration of Paternity Act › Section 305 - Effect of declaration or denial of paternity.

78B-15-305.
Effect of declaration or denial of paternity.
(1) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of paternity of a child and confers upon the declarant father all of the rights and duties of a parent.
(2) When a declaration of paternity is filed, it shall be recognized as a basis for a child support order without any further requirement or proceeding regarding the establishment of paternity.
(a) The liabilities of the father include, but are not limited to, the reasonable expense of the mother's pregnancy and confinement and for the education, necessary support, and any funeral expenses for the child.
(b) When a father declares paternity, his liability for past amounts due is limited to the period of four years immediately preceding the date that the voluntary declaration of paternity was filed.
(3) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid denial of paternity by a presumed or declarant father filed with the Office of Vital Records in conjunction with a valid declaration of paternity is equivalent to a legal finding of the nonpaternity of the presumed or declarant father and discharges the presumed or declarant father from all rights and duties of a parent. If a valid denial of paternity is filed with the Office of Vital Records, the declarant or presumed father may not recover child support he paid prior to the time of filing.
Renumbered and Amended by Chapter 3, 2008 General Session