GESTATIONAL SURROGACY LAW UTAH

Is Gestational Surrogacy Legal in Utah?

Yes. Gestational surrogacy is legal but only for married couples, as stated in a 2008 statute.

Is Traditional Surrogacy Legal in Utah?

Yes. Traditional Surrogacy is permitted in Utah because no statute or published case law prohibits it. However, the Utah surrogacy statutes do specify that a surrogate’s eggs “may not be used in the assisted reproduction procedure.” As a result, traditional surrogacy is not protected under Utah’s surrogacy laws and is thereby a riskier practice in the state. For this reason, most surrogacy attorneys will not work with traditional surrogate arrangements.

Is Compensated Surrogacy Legal in Utah?

Yes. Paying a gestational surrogate a base compensation in a Utah surrogacy is addressed in state laws and is considered legal. This is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Utah Surrogacy Contract

Utah surrogacy laws specify that intended parents, any donors, a surrogate and her husband (if married) can enter into a gestational surrogacy agreement in this state. These laws also set requirements for parties participating in a Utah surrogacy which include:

• Intended Parents must:
  • Be married
  • Be 21 years of age or older
  • Have completed a home study, unless waived by the court
  • Participate in mental health counseling prior to the contract

• Surrogates must:
  • Not be receiving state assistance
  • Be 21 years of age or older
  • If married, her husband’s sperm cannot be used in the embryo
  • Participate in mental health counseling prior to the contract

Both intended parents and their surrogate must be represented by separate surrogacy attorneys for the drafting of the contract to ensure both parties’ interests and rights are protected. These attorneys will negotiate a contract that addresses at least the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• And more

Once the contract has been finalized, signed by both parties, and once a court approves the terms of the gestational surrogacy contract, it is enforceable in a court of law. Only then can the medical process of surrogacy begin.

Determining Legal Parentage in Utah

Once a surrogacy contract is approved (before the baby is born), married parents can obtain a pre-birth parentage order regardless of the genetic connection to the child; these orders are issued even for married couples who have used a donor egg or donor sperm in their embryo. However, parentage orders are generally not issued to unmarried couples or individuals.