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Is Surrogacy Legal in Utah?

Surrogacy Law in Utah

Utah Surrogacy Law: Types of Surrogacy

In Utah, gestational surrogacy is permitted. Utah Code Ann. § 78B-15-801 (2008) permits gestational surrogacy for married intended parents. Intended parents file with a court to have their gestational surrogacy agreement validated pre-birth. This validation process is what makes the gestational surrogacy agreement valid under Utah law.  Then, after the surrogate gives birth, the court will order Vital Records to issue a birth certificate with the intended parents’ names.

Although Traditional (genetic) surrogacy may be permitted in Utah because no statute or published case law prohibits it, Utah Code Ann. § 78B-15-801 (2008) only establishes the legal process for the validation and establishment of parental rights resulting from gestational surrogacy agreements.

Are There Surrogate Requirements in Utah?

A prospective gestational carrier, her spouse if she is married, a donor or the donors, and the intended parents may enter into a written agreement providing that: i. the prospective gestational carrier agrees to pregnancy by means of assisted reproduction; ii. the prospective gestational carrier, her spouse if she is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and iii. the intended parents become the parents of the child.

  • The gestational carrier may not currently be receiving Medicaid or any other state assistance.
  • The intended parents shall be married, and both spouses must be parties to the gestational agreement.
  • A gestational agreement is enforceable only if validated by a Utah District Court
  • A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse or if neither intended parent is a donor.
  • The parties to a gestational agreement shall be 21 years of age or older.
  • The gestational mother’s eggs may not be used in the assisted reproduction procedure.
  • If the gestational mother is married, her husband’s sperm may not be used in the assisted reproduction procedure.

Does Utah Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Provided the statutory requirements for validation are satisfied, Courts in Utah do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

The intended parents and the prospective gestational carrier may file a petition in the district tribunal to validate a gestational agreement.

  • A petition to validate a gestational agreement may not be maintained unless either the mother or intended parents have been residents of this state for at least 90 days.
  • The prospective gestational mother’s husband, if she is married, must join in the petition.
  • A copy of the gestational agreement must be attached to the petition

A gestational carrier agreement, whether in a record or not, which is not validated by a tribunal is not enforceable. The individuals who are parties to a non validated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable.

Yes

  • Married heterosexual couples, using their own egg and own sperm
  • Married heterosexual couples, using a sperm or egg donor
  • Same sex couples, using an egg or sperm donor*

 

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

  • Married heterosexual couples
  • Married same sex couples

No

Whose names go on the birth certificate in Utah?

Parents will be listed on the birth certificate as “parent,” “mother” or “father.” Vital record is currently allowing parents to choose how they would to identified on the birth control

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogacy as parents. To ensure that he is named on the birth certificate, the biological father can file an acknowledgement of paternity with Utah’s Vital Records. It is also recommended that the biological father initiate a paternity action with the court pre-birth, as well as with the paternity registry. It can be expedited by the child being born in state, so long as the parents are married. Alternatively, Vital Records could amend the birth certificate with documentation of a second-parent adoption.

Surrogacy Conditions for Same-Sex Couples in Utah

Utah has no restriction on same-sex married couple availing themselves of Gestational Surrogacy and the birth certificate with documentation of a second-parent adoption.

Are There Options for Unmarried Intended Parents in the state of Utah?

No

Egg Donation Law

Utah has a specific statute regarding the parental status of a donor. Utah Code Ann. § 78B-15-702 states that “A donor is not a parent of a child conceived by means of assisted reproduction.”

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Utah*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.