This bill authorizes a person to petition a court with jurisdiction over domestic relations matters to request an injunction to prohibit a woman who is pregnant with the person's unborn child from obtaining an abortion. An injunction issued pursuant to this bill will prohibit the respondent from seeking or obtaining an abortion.
Within 14 days of the petition being filed, the court must hold a hearing at which both parties may present evidence. The court will issue the injunction if the court finds that the petitioner has proven that:
(1) The petitioner is the biological father of the respondent's unborn child;
(2) There is a reasonable probability that the respondent will seek an abortion prior to giving birth to the unborn child; and
(3) If the parties are not married, the petitioner has executed a voluntary acknowledgement of paternity that is not subject to being rescinded. The voluntary acknowledgement of paternity must be proven by filing a certified copy with the court.
The petitioner will not be required to provide DNA evidence to prove that the petitioner is the biological father of the respondent's unborn child.
If a respondent violates an injunction issued under this bill, the court may hold the respondent in civil or criminal contempt and punish the respondent in accordance with the law.
This bill authorizes a person to execute a voluntary acknowledgement of paternity for the purpose of seeking an injunction pursuant to this bill prior to the birth of the person's child. The voluntary acknowledgement of paternity may be executed without the signature of the child's mother. A voluntary acknowledgement of paternity for the purpose of seeking an injunction must not result in the father's name, surname, or information being entered on the child's birth certificate unless the acknowledgement is subsequently signed by the mother of the child and filed pursuant to present law governing birth certificates. Notwithstanding other provisions of law governing voluntary acknowledgment of paternity and the rescinding of such acknowledgments, a person who executes a voluntary acknowledgement of paternity for the purpose of seeking an injunction pursuant to this bill may not rescind or challenge the voluntary acknowledgement of paternity under any circumstances, including on basis of fraud, duress, or material mistake of fact.

Statutes affected:
Current Version: 68-3-305, 24-7-113(c)(1), 24-7-113