81-6-105. Duty of biological father to share pregnancy expenses.
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Effective 9/1/2024
81-6-105. Duty of biological father to share pregnancy expenses.
(1)Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses.
(a)If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established.
(b)Once paternity is established, the biological father is subject to Subsection (1).
(a)Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's 50% share under Subsection (1), not the total amount of pregnancy expenses.
(b)Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.
(4)If a mother receives an abortion, as defined in Section 76-7-301 , without the biological father's consent, the biological father owes no duty under this section, unless:
(a)the abortion is necessary to avert the death of the mother; or
(b)the mother was pregnant as a result of:
(i)rape, as described in Section 76-5-402 ;
(ii)rape of a child, as described in Section 76-5-402.1 ; or
(iii)incest, as described in Subsection 76-5-406 (2)(j) or Section 76-7-102 .
(5)Subsection
(1)does not apply if a court apportions pregnancy expenses in a divorce decree under Section 81-4-406 .
(a)A person who seeks payment under this section for pregnancy expenses shall provide documentation of payments, medical expenses, and insurance premiums to the court.
(b)The court shall order the payment of the expenses after a review of the documentation described in Subsection (6)(a).
(7)Nothing in this section requires a person to separately bill a biological father for pregnancy expenses.
Renumbered and Amended by Chapter 366 , 2024 General Session