(1)  A gestational agreement may provide for payment of consideration.

Terms Used In Utah Code 78B-15-808

  • Child: means an individual of any age whose parentage may be determined under this chapter. 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
  • Presumed father: means a man who, by operation of law under Section 78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as set forth in this chapter. See Utah Code 78B-15-102
(2)  A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or that of the embryo or fetus.

(3)  After the issuance of an order under this part, subsequent marriage of the gestational mother does not affect the validity of a gestational agreement, and her husband’s consent to the agreement is not required, nor is her husband a presumed father of the resulting child.

Renumbered and Amended by Chapter 3, 2008 General Session