Legal Framework
Utah Code § 78B-15-801–809 (the Utah Uniform Parentage Act gestational agreement provisions) requires that both intended parents be married to each other and that at least one intended parent be genetically related to the child. These requirements effectively exclude single intended parents and same-sex couples using a donor egg + donor sperm. Many Utah surrogacy attorneys file for parentage under case law and equitable principles instead, which provides more flexibility but less statutory certainty.
Pre-Birth Orders in Utah
Pre-birth orders are available in Salt Lake County courts and have been issued in surrogacy cases, including some that don't qualify under the statutory framework. Third District Court (Salt Lake City) has the most surrogacy experience in Utah. Other Utah courts have limited experience.
LGBTQ+ Intended Parents
Utah's statutory framework explicitly requires the intended parents to be married, which on its face excludes unmarried same-sex couples. Married same-sex couples may qualify if one partner is genetically related to the child, but case-law-based filings are often used for LGBTQ+ families instead. LGBTQ+ intended parents should consult carefully with a Utah-licensed reproductive attorney and strongly consider neighboring Nevada or Colorado, both of which have comprehensive surrogacy statutes with explicit LGBTQ+ protections.
Key Steps
Retain a Utah-licensed reproductive attorney before finalizing your match. Discuss whether your situation qualifies under the statute or requires a case-law approach. Both parties must have independent legal representation.
Utah has a partial surrogacy statute that excludes many intended parent configurations. For LGBTQ+ families or those not meeting the statutory requirements, Nevada and Colorado offer significantly stronger and more inclusive frameworks.