81-5-705. Limitation on husband's dispute of paternity.
188 words·~1 min read·
/ut/title-81/chapter-5/81-5-705A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
81-5-705. Limitation on husband's dispute of paternity.
(1)Except as otherwise provided in Subsection
(2), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge the husband's paternity of the child unless:
(a)within two years after learning of the birth of the child the husband commences a proceeding to adjudicate the husband's paternity; and
(b)the tribunal finds that the husband did not consent to the assisted reproduction, before or after the birth of the child.
(2)A proceeding to adjudicate paternity may be maintained at any time if the tribunal determines that:
(a)the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by the husband's wife;
(b)the husband and the birth mother of the child have not cohabited since the probable time of assisted reproduction; and
(c)the husband never openly treated the child as the husband's own.
(3)The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
Amended by Chapter 155 , 2026 General Session