Who may use the statutory framework?
Utah Code §81-5-801 requires the parties to be at least 21. The intended parents must be married and both must be parties to the agreement. At least one intended parent must be a gamete donor, and the gestational carrier’s eggs may not be used.
The statute also states that the gestational mother may not currently be receiving Medicaid or other state assistance.
Judicial validation matters
A gestational agreement is enforceable only if validated as required by the statute. Utah Code §81-5-809 states that a nonvalidated gestational agreement is not enforceable, and parentage is then determined under other parentage provisions.
Parentage after birth
For a validated agreement, §81-5-807 provides a procedure after birth for the intended parents to notify the tribunal, after which the court confirms parentage and directs issuance of the birth certificate when statutory requirements are satisfied.
Medical autonomy
Utah law also states that a gestational agreement may not limit the gestational mother’s right to make decisions to safeguard her health or that of the embryo or fetus.
Practical next step
Utah’s framework is detailed but eligibility-limited. Have Utah reproductive counsel confirm that the proposed arrangement qualifies and complete judicial validation before relying on the agreement.