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?

No specific legal requirements exist to serve as a gestational surrogate in the state of Utah.

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:

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*

*Yes, so long as the couple is married and dependent on the judge assigned to the case

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

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

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*

Damian E. Davenport, P.C.
A Professional Law Corporation
The Judge Building
8 East Broadway, Suite 405
Salt Lake City, Utah 84111
T: 801.531.6195
F: 801.953.1706
damian@davenportlaw.net
davenportlaw@comcast.net

* 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.