Gestational Surrogacy Law Firm


Utah law allows for gestational surrogacy, in which the surrogate carries a biologically unrelated child, but the practice is regulated under Utah Code Ann. §§ 78-45g-801 to -809 (2007).  In Utah, a gestational surrogacy agreement must be approved by a court before the child is born in order for the agreement to be enforceable.

The Coulter Law Group can ensure your rights are protected and that your wishes are carried out accordingly. Please give us a call if you have any questions about surrogacy or if you have a case that you would like to discuss. We work hard to accommodate our clients efficiently and effectively.

Utah law imposes several requirements when it comes to surrogacy, which include:

  • The gestational surrogate must have had at least one prior pregnancy and delivery.
  • She may not use her own eggs; and she maintains control over all health-related decisions during the pregnancy.
  • 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 (unless waived by the court); and 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. With all of this in mind, we always recommend to at-least speak with an attorney at our firm to understand the initial direction you should take that is always in your best interests.