Be a Surrogate Mother in Utah
Surrogacy in Utah
Current Legal Framework
In Utah, gestational surrogacy is allowed, and a surrogacy agreement is legally binding as long as the legal requirements have been met. Below are some of the required terms of a surrogacy arrangement in Utah.
- Surrogacy agreement must be validated in court
- Surrogate must have had one prior pregnancy and delivery
- One of the intended parents must be genetically linked to the offspring
- The intended parents must be married
- All parties must be at least 21 years old and attend counseling
- At least one person in the arrangement must be a Utah resident for at least 90 days before entering a surrogacy contract
- The intended mother must show she is unable to carry a pregnancy or give birth
While the intended parents have full parental rights after the birth, a surrogate has full control over her healthcare decisions during the pregnancy. Moreover, compensation to the surrogate is permitted as long as it’s reasonable. Although the statute speaks of heterosexual couples, based on recent federal court decisions, local counsel has stated that same-sex couples can utilize the statute, as well.
Benefits for Surrogates in Utah
See If You QualifyIn order to qualify to become a surrogate mother in Utah, applicants must meet the requirements listed below.
- Has delivered a child of their own, and is currently parenting at least one child.
- Is between 21-41 years of age.
- Typically have a Body Mass Index (BMI) of no higher than 33. Calculate My BMI.
- Is a citizen, legal resident or legal immigrant of the United States. If a surrogate is a legal resident or legal immigrant of the United States, the surrogate must be able to provide documentation that is valid for at least 2 years.
- Does not participate in the following government aid programs: cash assistance, welfare, public housing and section 8. All other forms of government assistance will be considered on a case-by-case basis.
- Has a valid driver’s license.
- Has the support of her family. If married or partnered, the surrogate must have her partner’s support. Also, the surrogate and her partner/primary support person must agree to participate in a social work screening.
- Is financially secure.
- Leads a stable, responsible lifestyle.
- Is willing to travel for IVF process. Please note, often these trips include overnight stays.
- Does not use illegal drugs, smoke cigarettes, or abuse alcohol.
Family and reproductive law is continually developing and changing. As such, there is no guarantee the information on this website is current or correct. Circle’s in-house legal team and referring attorneys provided the information listed, and it is not intended to be a substitute for an attorney’s legal counsel. In any individual case, you should always confer with an attorney who specializes in this area of law and is licensed to practice in the particular state at hand