Gestational Surrogacy Agreements in Utah: Legal Requirements and Key Rules
Utah law expressly permits gestational surrogacy agreements, but only if they satisfy specific statutory conditions. Intended parents, surrogates, or donors should be aware that these arrangements are strictly regulated and enforceable only when statutory requirements are met.
Below is a practical overview of Utah Code § 81-5-801 and the foundational requirements for a valid gestational agreement.
1. Utah Recognizes Gestational Surrogacy by Statute
Utah authorizes written gestational agreements between the prospective gestational mother, her spouse (if married), any donors, and the intended parents. Complying with Utah’s statutory requirements in gestational surrogacy agreements is vital to ensure your agreement is enforceable, these requirements are as follows
- The gestational mother agrees to become pregnant through assisted reproduction.
- The gestational mother, her spouse, and any donors relinquish parental rights and duties.
- The intended parents agree to become the legal parents of the resulting child.
2. Intended Parent Eligibility Requirements
Utah imposes strict eligibility criteria for intended parents:
- They must be married.
- Both spouses must sign the gestational agreement.
- At least one intended parent must be a genetic donor. If neither intended parent contributes genetic material, the agreement is invalid under the statute.
3. Restrictions on the Gestational Mother
The statute also regulates who may serve as a gestational carrier:
- She must be 21 years or older.
- She cannot be receiving Medicaid or other state assistance at the time of the agreement.
- She cannot use her own eggs in the assisted reproduction procedure.
- If she is married, her spouse’s gametes also cannot be used.
These requirements ensure the arrangement is truly “gestational” rather than traditional surrogacy which reduces potential legal disputes over parentage.
4. Formal Validation Requirement
A gestational agreement is not enforceable unless validated under the procedures outlined in § 81-5-803. This means that simply signing a contract is insufficient; court validation is required before the agreement carries legal effect.
5. Situations Where the Statute Does Not Apply
Utah’s gestational surrogacy law does not apply if:
- The child is conceived through sexual intercourse, or
- Neither intended parent is a donor.
In those situations, parentage would be determined under other provisions of Utah law.
6. Age Requirement for All Parties
All parties to a gestational agreement, intended parents, the gestational mother, and spouse if applicable must be at least 21 years old.
Key Takeaway
Utah permits gestational surrogacy but treats it as a highly regulated legal arrangement rather than a purely private contract. The statute carefully defines who may participate, what the agreement must contain, and when it is enforceable. It is important that you retain an attorney with experience with Assisted Reproductive Technology law because handling assisted reproduction matters in Utah requires strict compliance with these statutory prerequisites, particularly the marriage requirement, genetic-contribution requirement, and court validation step.
Failure to meet any statutory conditions may render the agreement unenforceable and create uncertainty regarding legal parentage.
If you are considering a gestational surrogacy arrangement in Utah, contact Surratt Law Practice to learn how our experienced assisted reproductive technology attorneys can help you understand the legal requirements and protect your interests throughout the process.
