Yes, Utah is recognized as a surrogacy-friendly state, particularly for married couples, due to its explicit statutory laws governing surrogacy. The key legislation, Utah Code Ann. § 78B-15-801, specifically facilitates gestational surrogacy agreements but with certain restrictions. These laws provide a structured legal framework for surrogacy agreements, including the requirement that intended parents must be married and at least one must have a genetic connection to the child. This framework allows for the issuance of pre-birth parentage orders under these conditions, ensuring legal clarity and support for surrogacy arrangements within this defined group.
However, the statutes do not expressly permit gestational surrogacy for all potential intended parents, such as singles, unmarried couples, and non-biological parents, in the same manner. The legal process for these groups to establish parentage may involve additional steps or different legal considerations.
While Utah’s laws create a supportive environment for surrogacy, particularly for those who meet the specified criteria, the assertion that pre-birth parentage orders can be obtained by any intended parent regardless of marital status, sexual orientation, or genetic connection to the child does not accurately reflect the current legal landscape in Utah. The state’s surrogacy laws are designed with specific eligibility requirements, making it essential for potential intended parents who do not meet these criteria to seek legal advice for navigating their surrogacy journey in Utah.
