Senate circles substitute to Uniform Parentage Act after lengthy debate on paternity, surrogacy and DNA

Senator Lyle Hilliard spent extended floor time introducing First Substitute SB 45, calling it “a meaty bill” that addresses who the law recognizes as a parent in divorce, assisted reproduction and surrogacy arrangements. Hilliard said the bill protects intact marriages by limiting outside attacks on parentage, shortens windows to challenge presumed paternity, and consolidates disparate registries into a single searchable record to help adoption agencies and courts.

Hilliard described several concrete provisions: a two‑year window for paternity challenges tied to the time of divorce in many cases; preservation of birth‑certificate practices for social fathers who have acted as parents; consolidated filing and a fee to avoid an administrative fiscal note for the Department of Health; and narrowly defined, court‑approved recognition of gestational surrogacy when specified conditions are met. "This bill is really a meaty bill on the issue of public policy," Hilliard said as he outlined the sponsor substitute and signaled his intent to circulate the bill so colleagues could read the second substitute.

Senators pressed the sponsor on several policy points. One concern was the statute’s 300‑day presumption rule for fathers who were married within 300 days of a child’s birth; Senator Aaron and others questioned the origin and medical basis for that timeframe. Senator Hilliard said the 300‑day measure was drawn from earlier practice and signaled openness to consider changing it. Senators also discussed the window for DNA testing and the bill’s effect on adoption — balancing the interests of social fathers who have raised children against biological fathers who later seek parental rights. Hilliard said the bill would not require universal DNA testing at birth and preserves court discretion in complex cases.

The bill would allow the three parties (presumed father, mother and a third biological father) to execute a birth‑certificate reclassification if all three agree; it also creates standards for assisted reproduction and specifies that posthumous use of saved reproductive material requires prior written consent. On surrogacy, Hilliard said Utah would recognize only narrow, preapproved agreements and require court review and certain prerequisites for the gestational mother, including a prior pregnancy and delivery. "We will recognize surrogacy here in Utah," he said, but only under court‑approved, limited circumstances.

Senator Chris Butters and others praised the bill’s work in committee but asked that more study occur on criminal and family‑law interfaces; Butters asked that the measure be placed on a master resolution list for interim study. After floor discussion the sponsor moved the second substitute and the Senate voted to substitute and then to circle the bill so senators could read and prepare amendments. The bill was placed at the top of the second‑reading calendar for follow‑up.

The sponsor said his intent was to "circle the bill" and return to floor debate later in the day to allow members time to review the second substitute. The Senate voted to circle the measure rather than move immediately to third reading, leaving substantive amendment work and potential changes for subsequent floor consideration.