Navigating the Complex Landscape of Utah Surrogacy Laws: What You Need to Know

When the subject matter of a conversation shifts to the topic of surrogacy – a legal arrangement where one woman carries a pregnancy and gives birth to a child for another person or persons – the global nature of the practice comes to light. Media accounts of surrogacy arrangements, not surprisingly, hone in on individual stories that move us as human beings, from the touching to the tawdry. Although many of these sensational stories appear to have occurred in American cities like Salt Lake City, Utah, the global focus of the surrogacy business shines through as well.

In fact, Abu Dhabi has become an emerging surrogacy service destination, while the practice has also gained traction in some parts of Europe. How will the various laws surrounding surrogacy in different jurisdictions impact your decisions concerning family planning? If you are considering surrogacy options in the United States, do Utah laws differ from those in your local area? The answers to your questions await below.

While not all of the articles featured by Alsiasi focus on law, we aim to provide a breadth of information that highlights current events in the Arab world and beyond.

Understanding the laws surrounding surrogacy can help you as an intended parent or surrogate mother navigate this complex situation. In general, surrogacy agreements should be drafted to comply with the surrogacy laws of the state where the surrogate resides for legal enforcement purposes. That means if you intend to have a surrogacy agreement approved and finalized in Utah, familiarize yourself with this state’s laws.

The State of Utah allows compensated surrogacy arrangements for married couples and single persons, but prohibits them for unmarried couples. Utah law permits the use of donated embryos, sperm or eggs for surrogacy, but prohibits the use of gametes from a person who is receiving compensation for the services offered. Utah law also permits only gestational surrogacy.

Researchers examined surrogate births in Utah in 2015 to compare them with surrogate births in other states. They found 298 surrogate births in Utah (out of a total of 3,199 nationwide), which placed Utah above states like California and Illinois, who had only 207 and 121 respectively. While Utah may allow more surrogacy arrangements than other states, Utah requires the adoption process to affect legal parentage for both the surrogate and the intended parents.

Utah law requires an adoption process to effect legal parentage, even when some parties to the surrogacy are married. While it is possible to have certain contracts between gestational surrogates and intended parents approved by a Utah court, gay and unmarried intended parents may not always have success obtaining approval for their surrogacy arrangements.

In Utah, intended parents may be to take advantage of surrogacy. However, gay and unmarried parents do not have a complete advantage over other types of parents, something that may deter families from pursuing surrogacy in Utah.

Utah is one of the few states that offer financial assistance to surrogate mothers. Utah state law exempts surrogacy agreements that meet the requirements for approval by the Utah Department of Human Services or the social services department in counties that operate their own programs. Utah prohibits “unethical surrogacy,” which involves failing to pay a surrogate mother her just compensation.