(1)  A gestational agreement, whether in a record or not, which is not validated by a tribunal is not enforceable.

Terms Used In Utah Code 78B-15-809

  • Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
  • Parent-child relationship: means the legal relationship between a child and a parent of the child. See Utah Code 78B-15-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 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)  If a birth results under a gestational agreement that is not judicially validated as provided in this part, the parent-child relationship is determined as provided in 2.

(3)  The individuals who are parties to a nonvalidated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable. The liability under this Subsection (3) includes assessing all expenses and fees as provided in Section 78B-15-622.

Renumbered and Amended by Chapter 3, 2008 General Session