In Utah, the process for intended parents to establish legal parentage through surrogacy is specifically designed for married couples, as per the Utah Code Ann. § 78B-15-801. This legislation outlines the conditions under which gestational surrogacy agreements are recognized and provides a mechanism for obtaining pre-birth parentage orders. However, these provisions apply to married intended parents, requiring at least one of them to have a genetic connection to the child. The process involves filing a petition with the court, detailing the surrogacy agreement and demonstrating the genetic link. The court then reviews the petition and, if it aligns with legal requirements and the child’s best interests, issues a pre-birth order establishing the legal parentage of the intended parents.
It’s important to note that the statutes do not explicitly provide the same process for unmarried couples. For those not covered by the specific statutes, establishing legal parentage might involve additional legal steps, such as adoption. Therefore, while Utah’s surrogacy laws offer a pathway for establishing parentage for married couples engaging in gestational surrogacy, others may need to consult with legal professionals to explore their options for establishing parentage under Utah law.
