§ 81-5-201 — Establishment of parent-child relationship.

(1) (1)(a) The mother-child relationship is established between a woman and a child by:
(1)(a)(i) the woman's having given birth to the child, except as otherwise provided in Part 8, Gestational Agreement;
(1)(a)(ii) an adjudication of the woman's maternity;
(1)(a)(iii) adoption of the child by the woman;
(1)(a)(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
(1)(a)(v) an unrebutted presumption of maternity of the child established in the same manner as under Section 81-5-204.
(1)(b) In this chapter, the presumption of maternity shall be treated the same as a presumption of paternity as established in Subsection (2)(a).
(2) The father-child relationship is established between a man and a child by:
(2)(a) an unrebutted presumption of the man's paternity of the child under Section 81-5-204;
(2)(b) an effective declaration of paternity by the man under Part 3, Voluntary Declaration of Paternity, unless the declaration has been rescinded or successfully challenged;
(2)(c) an adjudication of the man's paternity;
(2)(d) adoption of the child by the man;
(2)(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
(2)(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.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session