Parental definition bill passes Senate unanimously

A bill that attempts to define what a parent is passed out of a Senate committee unanimously but not without some concern expressed by the Utah ACLU.

Sen. Lyle Hillyard, R-Logan, introduced his Uniform Parentage Act before the Senate Judiciary, Law Enforcement and Criminal Justice committee. SB14 bill proposes to define what a parent is under Utah law and addresses such issues as child support and contracted surrogate adoptions.

Some scenarios the bill aims to deal with is what happens with child support orders when a man finds out he is not the biological father of a child. Hillyard said with DNA testing, the Utah Office of Recovery Services is seeing an increase in men demanding refunds on child support when they find out they are not the biological father.

In addition, the bill also sets terms for contracts for surrogacy, which includes limits on who can contract with a surrogate mother.

While many have expressed support for the bill, including the Utah Adoption Council, some constitutional concerns were raised.

The ACLU said it believes there are constitutional problems with the bill in limiting who can hire a surrogate mother. Under the bill, only legally married couples can hire a surrogate for adoption, and only when the wife can show medical proof that she cannot have children, or that having a child will pose a physical or mental risk to her.

"The U.S. Supreme Court has enumerated a fundamental right to choose 'whether to bear or beget a child,' " wrote ACLU attorney Margaret Plane.

In her letter, Plane expressed concern that the bill lacked adequate protection for the rights of the surrogate mother.

Hillyard said he will defend limiting surrogacy to legally married couples, adding any other change would "prove unpalatable to Utahns."

"This is clearly major legislation," said committee member Sen. Patrice Arent, D-South Cottonwood. She said she would reluctantly support the bill now, but added she may have issues later on.

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