Surrogacy Laws and Agreements in Utah: Protecting Your Rights
Perspective parents may consider surrogacy when they are unable to conceive a child on their own due to medical or other reasons. Many Utah couples have successfully realized their desire to have children through the path of surrogacy.
That said, navigating reproductive law can be uniquely challenging for those seeking to build a family through surrogacy. A thorough comprehension of the applicable state laws is essential to any surrogate journey in Utah. By ensuring that all legal criteria are met, your parental rights will be firmly established and protected.
Below, we will outline the Utah surrogacy statute and the required agreements to establish legal parentage. Please keep reading to understand Utah’s surrogacy process better.
Utah Surrogacy Law Explained
The state permits surrogacy under specific conditions outlined in the Utah Uniform Parentage Act. Thus, surrogacy is allowed, but Utah’s legal framework outlines strict requirements for intended parents.
Is gestational surrogacy legal in Utah?
In a gestational surrogacy arrangement, the surrogate is not genetically or legally related to the baby. Utah permits gestational surrogacy for married intended parents. The law allows heterosexual married couples and same-sex couples who are legally married to pursue parenthood through gestational surrogacy.
Unmarried couples and single parents are not included under the statute and are not afforded any of its protections. Additionally, married intended parents must undergo a judicial approval process before embryo transfer.
Is traditional surrogacy legal in Utah?
In traditional surrogacy, the surrogate uses her own egg and thus has a genetic connection to the baby. No Utah statute or published case law prohibits traditional surrogacy. However, the state law establishing surrogacy rights and agreements explicitly excludes traditional surrogacy.
Although traditional surrogacy is considered legal, it is not protected under Utah’s surrogacy laws. For this reason, pursuing parenthood through traditional surrogate arrangements may jeopardize your future parental rights.
Surrogate compensation in Utah
Utah surrogacy law allows for reasonable compensation to the gestational carrier as long as the agreement is validated by a court before embryo transfer. Compensation may be made for medical, legal, and living expenses.
Surrogacy contracts oftentimes include a base amount plus compensation for such things as:
- IVF mock cycle
- Embryo transfer
- Medication
- Term life insurance
- Medical insurance
- Additional medical expenses
- Travel to and from medical appointments
- Maternity clothing
- Monthly allowance for miscellaneous expenses
- Monthly housekeeping allowance
- Lost wages, if applicable
- Mental health counseling
- Independent legal counsel and legal fees
A properly compensated surrogate and a binding legal agreement can go a long way in protecting both your parental rights and the welfare of your unborn child.
Legal Requirements for Parties in a Utah Surrogacy Contract
Utah surrogacy laws stipulate that intended parents, any egg or sperm donors, a surrogate (and if applicable, her spouse) can enter into a gestational surrogacy agreement in the state.
Furthermore, Utah law sets specific requirements for the various parties participating in a surrogacy agreement.
Requirements for intended parents include:
- Intended parents must be married
- Intended parents must be 21 years of age or older
- Both intended parents must be parties to the surrogacy agreement
- At least one of the intended parents must be a donor
- A home study must be completed unless waived by the court
- Both intended parents must participate in counseling with a licensed mental health professional
Requirements for the gestational surrogate include:
- The gestational surrogate must be 21 years of age or older
- The gestational carrier may not be currently receiving Medicaid or other state assistance
- The surrogate’s eggs are not to be used in the assisted reproduction procedure, and if married, her husband’s sperm cannot be used in the medical process
- The gestational carrier must also participate in counseling with a licensed mental health professional
The legal aspects of the surrogacy journey can be complicated. It is vital that all involved parties fully agree to and understand the legal requirements of the state. An experienced surrogacy attorney can assist you in drafting a contract that ensures Utah laws are fully upheld and each party’s interests and rights are protected.
Key Elements of a Utah Surrogacy Contract
So as to avoid any misunderstanding or false expectations, a gestational surrogacy contract should clearly establish the rights and responsibilities of each party.
Surrogacy contracts generally include such things as:
- Financial terms: Providing compensation for the gestational carrier, covering necessary financial reimbursements, and handling unexpected costs
- Medical procedures: Determining who makes decisions about embryo transfers, selective reduction, pregnancy termination, cesarean delivery, and other medical procedures
- Health and wellness agreements: Meeting lifestyle specifications for the surrogate throughout the process, perhaps including travel restrictions, communication preferences, and expectations
- Legal parentage: Deciding how and when the intended parents will be recognized as the child’s legal parents
- Dispute resolution: Setting clear methods for resolving potential disagreements without jeopardizing the well-being of any party
- Termination clauses: Outlining a course of action if one party needs to end the agreement early
Once a surrogacy contract has been finalized, signed by all parties, and validated by the court, it becomes legally binding and enforceable. What’s more, after a gestational agreement has been approved, married couples can obtain a pre-birth parentage order to establish themselves as the legal parents even before the baby is born.
Adoption After Birth, Second Parent Adoption, and Stepparent Adoption in Utah
Utah surrogacy laws require intended parents to be married — this goes for both heterosexual and same-sex parents. Additionally, second-parent adoption and stepparent adoption are also limited to married couples. Thus, the state’s surrogacy and adoption laws make it fairly complicated for an unmarried couple or single individual to establish their parental rights to a child born via surrogacy in advance.
Unmarried intended parents or a single intended parent who wishes to pursue surrogacy in Utah must complete an adoption after birth, since pre-birth parentage orders are dependent on marital status. This, too, can be a difficult undertaking for prospective parents.
It is advisable to consult a qualified surrogacy lawyer before making any big decisions. He or she can explain your legal options and help you choose the best path for your family.
Reach Out to Our Empathetic Utah Surrogacy Attorneys for Guidance
Pursuing surrogacy in Utah can be stressful and confusing. The surrogacy laws and agreements required may, at times, feel overwhelming. When facing such important family commitments, you need an understanding and adept legal team on your side.
The experienced and empathetic attorneys at Brown Family Law are proud to help Utah families navigate their surrogacy journey. While Utah gestational surrogacy can present a number of legal challenges for intended parents, we can use our knowledge and resources to guide you through every stage of the process.
We understand that for many Utah residents, surrogacy is their best option for having the family they have always dreamed of — we can help you make this dream a reality.
When you hire us, our legal team will work to ensure that your surrogacy agreement and contract is state-compliant and that your parentage is legally established. Thereby protecting your family and securing their future from the very beginning.
We provide affordable and compassionate surrogacy attorney services. Please don’t wait to get the help you need today. Call 801-685-9999 or use our online contact form to schedule a consultation. With the support of Brown Family Law, you can look forward to the surrogacy process with excitement and confidence.
