Surrogacy in Utah

Gestational Surrogacy in Utah

Surrogacy is legal in Utah. Gestational surrogacy is permitted by Utah Code § 78B-15-801, which permits gestational surrogacy uniquely for married Intended Parents, regardless of sexual orientation (see Utah Code § 788-803 (2020)).

Understanding Surrogacy Laws in Utah

The Gestational Carrier Agreement must be validated pre-birth and the petition must satisfy the following requirements:

• Either the gestational carrier or intended parents have been residents of this state for at least 90 days;
• The gestational carrier’s spouse, if she is married, must join in the petition to validate; and
• A copy of the gestational agreement must be attached to the petition.

(Utah Code § 78B-15-802). If the Gestational Carrier Agreement is not validated, then a post-birth order will be obtained which: confirms that the intended parents are the parents of the child, orders that the child be surrendered to the intended parents, and directs vital records to issue a birth certificate naming the intended parents as parents of the child (Utah Code § 78B-15-807).

One additional note, as part of the parentage documentation, intended parents are required to submit the following: reference letters, background checks, child abuse background checks, and photos of their home in order to waive a home study.

Legal Parentage

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Utah Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Utah Surrogacy Law

Do You Need a Medical Need for Surrogacy in Utah?

Although there is no specific law on this, It is best practice to only pursue surrogacy in Utah if you have a medical need. This means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Utah permits married couples to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Utah, intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Utah?

International parents can pursue surrogacy in Utah and are subject to the same process as domestic parents. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Utah allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Utah. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Utah?

Generally no. Intended parents do not need to be Utah residents for the Act to carry out a surrogacy journey in Utah. Similarly, Gestational Carriers are not required to reside in Utah, but at least one party of the surrogacy must reside in Utah at least 90 days prior establishing intended parents parentage.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Utah does not have any written laws pertaining to the rights of gestational carriers. Learn more about surrogate rights.