| (1) |
A prospective gestational mother, her husband if she is married, a donor or the donors, and the intended parents may enter into a written agreement providing that:
Terms Used In Utah Code 78B-15-801- Assisted reproduction: means a method of causing pregnancy other than sexual intercourse. See Utah Code 78B-15-102
- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Donor: The person who makes a gift.
- Donor: means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. See Utah Code 78B-15-102
- Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. See Utah Code 78B-15-102
- Parent: means an individual who has established a parent-child relationship under Section 78B-15-201. See Utah Code 78B-15-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-15-102
| (a) |
the prospective gestational mother agrees to pregnancy by means of assisted reproduction; |
| (b) |
the prospective gestational mother, her husband if she 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) |
The intended parents shall be married, and both spouses 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 to the birth of a child conceived by means of sexual intercourse or if neither intended parent is a donor. |
| (6) |
The parties to a gestational agreement shall be 21 years of age or older. |
| (7) |
The gestational mother’s eggs may not be used in the assisted reproduction procedure. |
| (8) |
If the gestational mother is married, her husband’s sperm may not be used in the assisted reproduction procedure. |
Renumbered and Amended by Chapter 3, 2008 General Session
