(1)  The intended parents and the prospective gestational mother may file a petition in the district tribunal to validate a gestational agreement.

Terms Used In Utah Code 78B-15-802

  • Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. 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
  • Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
(2)  A petition to validate a gestational agreement may not be maintained unless either the mother or intended parents have been residents of this state for at least 90 days.

(3)  The prospective gestational mother’s husband, if she is married, must join in the petition.

(4)  A copy of the gestational agreement must be attached to the petition.

Renumbered and Amended by Chapter 3, 2008 General Session