Utah Surrogacy Laws
Overview
According to Utah Code Ann. § 78B-15-801 (2008), which is under the Utah Parentage Act, gestational surrogacy is permitted for married Intended Parents. In addition to permitting surrogacy, this statute also lays out the process for obtaining pre-birth orders to establish parentage.
There is no statute or published case law that prohibits traditional surrogacy, but Utah Code Ann. § 78B-15-801 (2008) does specifically exclude traditional surrogacy from its protections.
Types of Surrogacy Available in Utah
Can a parentage order be obtained for the following?
Parentage
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order.
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
How are Intended Parent(s) Listed on the Birth Certificate?
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father.
Rights of Egg or Sperm Donor(s)
According to U.C.A. § 78B-15-702, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child.
Surrogacy Steps in Utah
Surrogacy Process in Utah
Birth Certificate Timeline
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Court Processes
Surrogacy Contracts
Surrogacy contracts in Utah are recognized and enforced but must be validated by a Utah court as provided in § 78B-15-803.
Independent Counsel
Independent counsel is required for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
- Must be over 21 years old
- Has had at least one live birth
- If married, spouse must be a party to the agreement and spouse cannot use his own sperm in IVF
- Cannot be receiving Medicaid or any other state assistance
- Surrogate or Intended Parents must be resident(s) of the state of Utah for at least 90 days
- Must participate in counsel with a licensed mental health professional
- Cannot use own eggs in surrogacy
- Must be over 21 years old
- Must be married and both parties must be a part of the agreement
- Must provide medical evidence that the Intended Mother cannot bear a child
- Must complete a mental health evaluation
- Surrogate or intended parent(s) must have resided in the state of Utah for at least 90 days
- A home study must be completed, unless waived. Intended parents must meet the standards of fitness applicable to adoptive parents
Birth Orders
Intended Parent(s) must file to have their gestational surrogacy contract validated prior to their child’s birth. The process of validating the gestational surrogacy contract can begin any time after the contract is signed, but is typically done after the first trimester. Once the contract is approved, the court will issue a pre-birth order.
Bases of Venue
International Issues
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
Residency Requirements
Either the Intended Parent(s) or gestational carrier must live in Utah for 90 days.
Birth Certificates
Passport Timeline
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Consulting Attorneys
Monica Cockerille
Idaho Fertility Law
208-343-7676
monicacockerille@me.com
www.idahofertilitylaw.com
Legal Disclaimer
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated February 2024