(1)  Upon birth of a child to a gestational mother, the intended parents shall file notice with the tribunal that a child has been born to the gestational mother within 300 days after assisted reproduction. Thereupon, the tribunal shall issue an order:

Terms Used In Utah Code 78B-15-807

  • 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
  • Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. 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
  • 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
(a)  confirming that the intended parents are the parents of the child;

(b)  if necessary, ordering that the child be surrendered to the intended parents; and

(c)  directing the Office of Vital Records to issue a birth certificate naming the intended parents as parents of the child.

(2)  If the parentage of a child born to the gestational mother is in dispute as not the result of an assisted reproduction, the tribunal shall order genetic testing to determine the parentage of the child.

Renumbered and Amended by Chapter 3, 2008 General Session