Surrogacy in Utah

Posted on July 4, 2021 by Giving Tree Surrogacy & Egg Donation

If you are an intended parent in Utah opting for gestational surrogacy, this guide will answer many of your questions as you begin research if this is the right path in family building for you.

In a nutshell, surrogacy is a hassle-free experience in Utah for all couples, including same sex couples. However, there is one caveat couples will need to pay close attention to. Any couples opting for surrogacy in the state of Utah are required to be married. Marriage can be under the law of any US State.

In Utah, there are red flags for unmarried couples almost everywhere. If you are an unmarried couple living in Utah and wish to pursue surrogacy, connect with our team of experts here at Giving Tree Surrogacy. You will need to complete your surrogacy journey in another state, and we can help you arrange this in a way that does not require extensive travel.

With that said, let’s jump into some of the top questions intended parents in Utah have about gestational surrogacy.

Is gestational surrogacy legal in Utah?

Yes, as per the Utah surrogacy laws, gestational surrogacy is completely legal, but with the condition that the intended parents are married. Intended parents can be married in Utah or any other state; it is considered the same.

Is compensated surrogacy legal in Utah?

Yes, it is legal for surrogates to accept a mutually decided compensation. Although the compensation can differ from agency to agency, intended parents should check with their surrogacy agency to confirm the base compensation amounts for first time and proven surrogates.

Is gay surrogacy legal in Utah?

Yes, gay surrogacy is also legal in Utah with the same condition as their heterosexual counterpart- they need to be married under the law of any US state.

Is traditional surrogacy legal in Utah?

No, due to the complications associated with parental rights in traditional surrogacy, it is not permitted in Nevada.

Are surrogacy agreements enforceable in Utah?

Yes, as long as the surrogacy agreements adhere to Utah surrogacy laws, the contract is enforceable.

What are the laws in Utah on pre-birth orders?

Both same-sex and heterosexual intended parents can apply for pre-birth orders provided they are married.
One more condition, though, is that the intended parents or surrogates must be Utah residents for 90 days or more.

Also, in some cases, a hearing in the court can be required for attaining a pre-birth order.

Is second-parent adoption allowed in Utah?

Yes, second-parent adoption is allowed by the Utah statute with the same condition that intended parents are married.
The law is the same for same-sex couples as well.

Gestational surrogacy is a blessing for parents who are unable to achieve parenthood naturally. Thankfully, it is now legal and regulated in almost all states of the US.

But, nature often does things that can not be replicated easily. That is why Gestational surrogacy is a complex process. We recommend intended parents work with experienced surrogacy professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in Nevada.

Happy Family Building!

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