Utah
Utah Code Ann. §§ 78-45g-801 to -809 (2007)
Utah’s law is modeled after Part 8 of the Uniform Parentage Act of 2002. A gestational surrogacy agreement must be validated in court. The gestational surrogate must have had at least one prior pregnancy and delivery. She maintains control over all health-related decisions during the pregnancy. She may not use her own eggs. The intended mother must show that she is unable to carry a pregnancy or give birth. At least one intended parent must provide gametes. If the gestational surrogate is married, her husband’s sperm may not be used. The intended parents must be married and must undergo a home study. All parties must be at least 21 and must participate in counseling. There is a residence requirement of at least 90 days for either the gestational mother or the intended parents. The gestational surrogate may not be receiving Medicaid or other state assistance at the time she enters the agreement. Payment to the gestational surrogate is allowed but must be “reasonable.” An agreement that has not been validated is not enforceable, and parentage will be determined under the other parts of Utah’s Uniform Parentage Act.
