Gestational Surrogacy Regulations in Utah

Overview

Gestational Surrogacy is permitted by Utah Code Ann. §78B-15-801 (2008), which
permits Gestational Surrogacy for married Intended Parents. In 2020, §788-803 was
amended to clarify that same-sex married couples are covered by the statute
permitting Gestational Surrogacy. Single Intended Parents and unmarried couples are
not able to use Gestational Surrogacy in Utah to grow their families. Under the
statute, qualified Intended Parents file with a court to have their Gestational
Surrogacy Agreement validated pre-birth. Then, post-birth, the court will order Vital
Records to issue the birth certificate with the Intended Parents’ names.

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
Must be married
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Unmarried same-sex couple:
Resident status:
Not required to be residents of Utah
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes, must be a resident of Utah for at least 90 days prior to executing GCA
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Utah:
Yes
Birth outside of Utah:
Yes, however, discuss with your legal counsel

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 within 300 days after assisted reproduction so you will
have to work with your attorney to decide when it is the right time to file.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
No

General Information

Will Utah Vital Records honor a Pre-Birth Order from another state:
Yes, most likely
What is the typical time frame to obtain a birth certificate after delivery:
24 hours to 2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Utah Residents:

*This situation typically arises if the child is born outside of Utah. The parents then return to Utah to obtain a second parent adoption or stepparent adoption in Utah. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Utah?

*Traditional Surrogacy in Utah is explicitly excluded from Utah Code Ann. §78B-15-801. Although it may be allowed in Utah because no statute or published case law prohibits it, it is not the general accepted practice*
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