From Deseret News archives:

Lawmaker's bill asks, 'Who's a parent?'

Published: Thursday, Aug. 19, 2004 9:21 a.m. MDT
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On the flip side, family law lawyer Paige Bigelow said, "fathers" slapped suddenly with the same confession are being told by their former wives they have no right to remain a part of that child's life, even though they have been the "social father" for years.

"Obviously, it is a very heart-rending situation," she said. "The father wants to continue that relationship, and is it reasonable to disestablish that based solely on paternity?"

Hillyard said his bill would provide parameters for judges. "We don't say 'Bingo, the answer is this,' but (it) does give some guidance to the court."

The second section of the measure deals with gestational surrogacy — a woman agreeing to a pregnancy in which she is carrying the egg of another woman that has been fertilized by that woman's husband or mate.

Under Hillyard's measure, gestational surrogacy would be allowed if approved in advance by the courts, if the couple were married and the genetic mother had a health problem that prevented a viable pregnancy and delivery.

Buttars said he fears the bill, because it allows "consideration of payment," would foster greed and a host of other potential problems.

"Tell me why this doesn't set up a cottage industry for selling babies. . . . I don't want to open a box we have to figure out how to slam shut at a later time."

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Utahn Crystal Young, who was a surrogate for a Japanese couple, explained in detail the medical expenses associated with procedure — from multiple ultrasounds three months in advance of the pregnancy to daily hormone injections in the early stages of the pregnancy.

"You accrue many expenses," she said, adding that it is a myth that surrogates are compensated so well they can purchase a house.

"I find that ignorance comes from lack of knowledge in this area," she said.

Hillyard said the court agreement approved in advance of the surrogacy by a judge would determine the appropriate level of reimbursement.

"Surrogacy is a thing that is coming; this is a reasonable Utah approach to the issue," he said.

Committee members are scheduled to vote on the bill in November.


E-mail: amyjoi@desnews.com

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