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2024 Utah Code
Title 78B - Judicial Code
Chapter 15 - Utah Uniform Parentage Act
Part 8 - Gestational Agreement
Section 801 - Gestational agreement authorized.
Universal Citation:
UT Code § 78B-15-801 (2024)
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Effective 5/1/2024
78B-15-801. Gestational agreement authorized.
Amended by Chapter 367, 2024 General Session
78B-15-801. Gestational agreement authorized.
- (1)A prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, a donor or the donors, and the intended parents may enter into a written agreement providing that:
- (a)the prospective gestational mother agrees to pregnancy by means of assisted reproduction;
- (b)the prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and
- (c)the intended parents become the parents of the child.
- (2)The intended gestational mother may not currently be receiving Medicaid or any other state assistance.
- (3)
- (a)The intended parents shall be married.
- (b)Both intended parents must be parties to the gestational agreement.
- (4)A gestational agreement is enforceable only if validated as provided in Section 78B-15-803.
- (5)A gestational agreement does not apply:
- (a)to the birth of a child conceived by means of sexual intercourse; or
- (b) if neither intended parent is a donor.
- (6)The parties to a gestational agreement shall be 21 years old or older.
- (7)The gestational mother's eggs may not be used in the assisted reproduction procedure.
- (8)If the gestational mother is married, the gestational mother's spouse's sperm or eggs may not be used in the assisted reproduction procedure.
Amended by Chapter 367, 2024 General Session
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