Center for Surrogate Parenting, LLC.

Utah Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Utah surrogacy law


Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Utah surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed dozens of finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Utah surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Gestational surrogacy is specifically permitted in Utah pursuant to the state’s surrogacy laws. However, the laws only afford statutory protections for married intended parents who engage in gestational, not traditional, surrogacy arrangements. In addition, while stepparent adoptions are permitted, second-parent adoptions are not. Therefore, unmarried intended parents are advised against pursuing surrogacy in the state as they may have significant trouble securing their parental rights to any resulting child.

    • Does the state have surrogacy laws and/or case law?

      The Utah Code permits gestational surrogacy for married intended parents. Unmarried couples and single parents are not included under the statute and are thus not afforded any of its protections.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Utah courts are typically favorable to surrogacy arrangements when the intended parents are a married couple, otherwise Utah courts are more likely to be unfavorable.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Utah and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Traditional surrogacy is neither statutorily permitted nor prohibited in Utah, thus it is technically legal. However, the Utah surrogacy statutes do specify that a surrogate’s eggs “may not be used in the assisted reproduction procedure.” Therefore, although not illegal, traditional surrogacy is not protected under Utah’s surrogacy laws and is thereby a riskier practice in the state.

    • Is gestational surrogacy allowed?

      Yes, gestational surrogacy is specifically permitted by statute.

    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable in Utah if it is in writing and signed by all parties. Either the intended parents or the surrogate must have resided in the state for a minimum of 90 days. The surrogate and intended parents must meet specific requirements and have independent legal counsel. The agreement should include provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Married parents can obtain a pre-birth parentage order regardless of the genetic connection to the child. However, unmarried couples and single parents will typically not be issued a pre-birth order in Utah.

    • Can both intended parents be declared the legal parents?

      Yes, but typically only if the parents are married, regardless of sexual orientation or the genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?

      Yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      Intended parents will receive the birth certificate within 1-5 business days of the child’s birth, but it can take up to 2 weeks. Same-sex parents are named as Parent and Parent.

      International gay couples cannot obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Unmarried couples, regardless of the genetic relationship to the child, as well as single parents will typically be required to complete a post-birth adoption to secure their parental rights. However, Utah has made the process for obtaining parental rights particularly difficult for unmarried couples in the state. Second-parent adoptions are not allowed in Utah, and so unmarried couples who pursue a surrogacy arrangement in the state will either have to get married at some point to obtain a stepparent adoption, or may otherwise have to go outside the state to pursue a post-birth adoption. For these reasons, it is particularly risky for unmarried couples to pursue a surrogacy arrangement in Utah because they may have serious issues in securing their parental rights to any resulting child.

    • Are second-parent adoptions permitted?

      No.

    • Are stepparent adoptions permitted?

      Yes, and they are available to married couples and individual intended parents.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.