Legality of Surrogacy in Utah
Gestational Surrogacy in Utah is limited to heterosexual and same-sex married couples. Single intended parents and unmarried couples are currently not be able to use gestational surrogacy in Utah to grow their family.
The Utah statute sets forth a specific framework that you and your gestational surrogate must follow before the embryo transfer takes place. The statutory requirements include:
Intended Parents
Be 21 years of age or older
Be Married
At least one of the Intended Parents must have contributed gametes to the embryo(s) transferred to the Gestational Surrogate
Have completed a home study unless waived by the court
Participate in mental health counseling prior to the contract
Surrogates
Be 21 years of age or older
Be a resident of Utah for at least 90 days prior to executing a Gestational Carrier Agreement
Be a gestational surrogate only (no traditional surrogacy)
Not be receiving state assistance
If married, her husband’s sperm cannot be used in the embryo
Participate in mental health counseling prior to the contract
Have had at least one pregnancy and delivery and be medically capable of carrying another
We pre-screen our surrogate candidates to make sure they meet the requirements of the Utah law before we look to find their perfect matches.
After your surrogate is cleared by your IVF clinic, it’s legal contract time. Your attorney will draft up the contract, in compliance with the specific Utah requirements, and go over it with you in detail. Your surrogate’s attorney will then review the contract with her. Once everyone agrees on the final contract language, the contract gets executed (a fancy word for “signed”). And you are good to go for embryo transfer.
Salt Lake City, UT
A Gestational Carrier Agreement is not enforceable in Utah until the Intended Parents petition the court to validate the agreement. Without validation of the Agreement, the court will not issue a parentage order upon the birth of your child. Utah law allows for Intended Parents to validate the Agreement anytime after the execution of the Gestational Carrier agreement so you will have to work with your attorney to decide when it’s the right time to file.
Upon the birth of your child, the lawyers will notify the court of the birth of the child and prepare the order of parentage for the court’s signature. This parentage order will secure your legal rights and direct that only your name be placed on the baby’s birth certificate.
Your birth certificate will be mailed to you a few weeks after the birth (if you need the birth certificate sooner, we can help have it expedited for you, or help you figure out where to pick it up in person).
