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.
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.
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