Paternity issues under study

Legislation would set down guidelines to avoid confusion

By Amy Joi Bryson  Deseret Morning News  April 22, 2004

Establishing paternity may be easy enough with one quick genetic test, but the issue is anything but simple for the courts.
 

What if a noncustodial father has been the "father" to a child for 15 years only to learn he's not the biological father? Does he get a refund on the child support he's paid?
 

If a surrogate mother breaks her contract, can she go after the husband and wife clients for monetary support for the resulting child?
 

These are tough legal questions for judges and public policymakers, ones that can cause inconsistent rulings by the courts and heartache for families.
 

Officials are trying to sort through the answers with SB45, legislation that failed to pass last session but that some lawmakers and advocates want the Legislature to continue examining.
 

Bill sponsor Sen. Lyle Hillyard, R-Logan, told an interim committee of legislators Wednesday the revisions to the law are needed to clear up the ambiguities and instill greater recognition of the rights of "social" fathers and legal acknowledgment of surrogate contracts.
 

On a national level, Hillyard said, 10 percent of the children born in a marriage are not the offspring of the biological father.
 

The Uniform Parentage Act would set down guidelines regarding when paternity can be established or challenged.
 

"It brings it all together in one central place, which is something we need," said Emma Chacon, executive director of the Office of Recovery Services.
 

A bitter breakup between a couple can lead to sticky questions about a father's obligations, Chacon said.
 

For example, an unmarried man, fully aware his girlfriend's baby isn't his, may nevertheless voluntarily acknowledge paternity.
 

"He's taken up in the glow of the moment at the birth of the child, but two years later, when the relationship falls apart, he wants to walk away," Chacon said. "The courts need to be able to decide at which point he can walk away."
 

Further complicating the scenario is the vast improvements that have been made in DNA testing and reproductive technologies, which may offer great help to childless couples but cause immense legal headaches if agreements are broached.
 

Cherie Morgan, who said she was a surrogate mother 13 years ago in California, said women in Utah are frequently entering into surrogate arrangements but are operating underground because there is no Utah law governing surrogacy.
 

"It is happening. Women are doing it and putting themselves at risk."
 

In her case, Morgan said she had to undergo three months of intense testing — both physical and psychological — before she could be approved for a contract. Prospective parents, too, wanting to enter into an arrangement are screened to prevent possible problems.
 

Hillyard's measure would allow court-approved surrogacy arrangements provided specific conditions had been met, a component that would foster protection for everyone involved.
 

Among the other provisions in the bill:

• The creation of a registry for biological fathers of children in adoption cases.

   

• Rules set forth on how and when genetic testing can be done to determine paternity.

   

• Protection of the rights of men who have a father relationship with children but later find they are not the biological father.

That report will be presented at a future interim meeting.