Surrogacy

Gestational surrogacy is the practice in which a surrogate carries a biologically unrelated child for a married couple who intend to be the parents. The practice is regulated by Utah Code Sections 78B-15-801 to -809. Utah law imposes several requirements regarding surrogacy, including:

• A gestational surrogacy agreement must be approved by a court before the child is born in order for the agreement to be enforceable.
• The gestational surrogate must have previously experienced at least one pregnancy and childbirth.
• The surrogate cannot use her own eggs, and she maintains decision-making control over all health-related matters during the pregnancy.
• If the gestational surrogate is married, her husband's sperm cannot be used and he must be a party to the agreement.
• 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 intended parents must be married, and they must undergo a home study unless waived by the court.
• All parties involved must be over 21 years old.
• All parties involved must participate in a counseling with a mental health professional.
• Either the gestational mother or the intended parents must have lived in Utah for a minimum of 90 days.
• The gestational surrogate cannot be receiving Medicaid or any other state assistance when entering into the agreement.
• Payment to the surrogate is acceptable, but it must be deemed "reasonable."

If the surrogacy agreement is invalidated, then it is unenforceable and parentage of the child will be determined according to Utah's Uniform Parentage Act. Avoid the nightmare of an unenforceable surrogacy agreement, call Fair Price Lawyers today at (801) 999-0104 for a consultation during which we'll discuss making an enforceable surrogacy agreement for you.

You can also use our 24/7 online tool to schedule a consultation.

SCHEDULE consultation