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.
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.
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.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father.
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.
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.
Surrogacy contracts in Utah are recognized and enforced but must be validated by a Utah court as provided in § 78B-15-803.
Independent counsel is required for all parties involved in a surrogacy agreement.
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.
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.
Either the Intended Parent(s) or gestational carrier must live in Utah for 90 days.
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.
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