STATE SURROGACY LAW:

Utah Surrogacy Laws

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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?

Although traditional surrogacy is not prohibited in Utah, most attorneys and agencies strongly advise against the practice given the increased emotional and legal risks involved.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

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

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorney and complete legal contract

Begin IVF cycle with surrogate

Pre-birth order

Proceedings typically begin after the first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

From 1 to 5 business days.

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)

Surrogates

Must be over 21 years old
Has had at least one live birth
If married, gestational mother’s husband cannot use his own sperm in IVF
Cannot use own eggs in surrogacy

Intended Parent(s)

Must be over 21 years old
Must be married
Must provide medical evidence that the Intended Mother cannot bear a child
Must complete a mental health evaluation

Agencies and fertility clinics may have additional requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

VARIES

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

What are the bases of venue?

County where child is born; county where Intended Parent(s) live; county where Gestational Carrier lives.

Do rulings vary by venue?

Can you file a motion to waive venue?

NO VENUE REQUIREMENT

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

Does Utah have any residency requirements for out-of-state or International Intended Parents?

YES

Either the Intended Parent(s) or gestational carrier must live in Utah for 90 days.

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

Can they obtain a birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 3 -5 business days delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one same day.

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 October 2019