Surrogacy in Utah

Everything You Need To Know

Welcome to our guide on Surrogacy in Utah. This resource is designed to provide clear and comprehensive information for anyone considering surrogacy in the state. Our guide covers essential topics, from understanding Utah’s surrogacy laws to finding the right agency.

Whether you are an Intended Parent or a Surrogate, you’ll find invaluable advice and support to help you navigate the surrogacy process in cities like Salt Lake City, Provo, Ogden, and across Utah.

baby feet parent hands e1704739284765

Understanding Surrogacy in Utah

Embarking on a surrogacy journey in Utah is a significant step towards building your family. At Fairfax Surrogacy, we are committed to guiding and supporting you through every stage of this process.

Is Utah Surrogacy-Friendly?

Yes! Utah is considered surrogacy-friendly, with explicit statutes governing gestational surrogacy. Surrogacy agreements are legally recognized and enforceable, making it a viable option for intended parents and surrogates.

Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

Become a Surrogate Picture

Who Can Be a Surrogate in Utah?

In Utah, a surrogate must meet certain criteria to ensure a safe and ethical surrogacy process. Typically, this includes being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to protect the health and well-being of the surrogate and the child.

We welcome women from all backgrounds and lifestyles including single moms, military moms, stay-at-home moms, and moms who work outside the home. Each of these life paths contributes unique perspectives and strengths to the surrogacy experience, making it a journey that is as rewarding as it is profound.

Who Can Be an Intended Parent?

Utah’s approach to surrogacy is structured with specific criteria that primarily accommodate married couples seeking to become intended parents through gestational surrogacy. However, singles and unmarried couples can still pursue surrogacy in Utah with the proper legal guidance.

At Fairfax Surrogacy, we support all types of intended parents, including:

  • Couples who are facing infertility or have medical conditions that make pregnancy unsafe.
  • Men and women who choose to become single parents without a partner.
  • Same-sex couples looking to start a family, where at least one partner may not have a biological link to the child.
  • Individuals or couples using egg or sperm donors due to genetic concerns or other reasons.
  • Women who are unable to carry a pregnancy due to health risks or reproductive challenges.
  • Cancer survivors who have undergone treatments like chemotherapy or radiation, which might have affected their fertility.

Our team at Fairfax Surrogacy is dedicated to providing tailored support and guidance for your unique circumstances. We understand that the journey to parenthood is deeply personal, and our goal is to make it as smooth and fulfilling as possible for every intended parent we work with.

gay dads with children e1704741343664
father mother holding newborn daughter arms older brother stands looks with love family values e1704739584920

Surrogacy Laws in Utah

While Utah’s legal framework for surrogacy is supportive, it is primarily tailored to accommodate married couples, which means the process and protections may differ for singles and unmarried couples. The state’s explicit surrogacy laws provide clarity and security for those who meet the specified criteria, ensuring that the surrogacy process is well-regulated for eligible parties involved.

Key Aspects of Utah’s Surrogacy Laws:

  1. Legality of Gestational Surrogacy Agreements (GSA): Utah’s legal framework for surrogacy is well-defined and supportive, as detailed in Utah Code Ann. 78B-15-801. This legislation explicitly allows gestational surrogacy for married couples, providing a clear legal structure that directly addresses surrogacy agreements. It ensures that these agreements are legally recognized and enforceable, offering security and clarity for all involved parties.

    In Utah, surrogacy agreements are legally binding for married intended parents, facilitating the establishment of parentage, including for parents without a genetic link to the child. This approach underscores Utah’s commitment to ensuring the rights and responsibilities of all parties in a surrogacy agreement are well-protected.

    A well-drafted surrogacy contract is crucial. These contracts detail the agreement between the surrogate and the intended parents, covering aspects like compensation, parental rights, and the course of action for various potential scenarios during the pregnancy and after birth.
  2. Inclusivity: Utah’s surrogacy laws specifically cater to married intended parents and include specific provisions for married same-sex couples. This focus means that the state’s surrogacy laws, while progressive in certain aspects, do not explicitly address the inclusivity of unmarried individuals or same-sex couples in surrogacy arrangements as per the statutes mentioned.
  3. Pre-birth orders: In Utah, pre-birth parentage orders are available to married intended parents, facilitating the legal recognition of parental rights before the child’s birth. This process is streamlined for married couples, ensuring that legal parentage can be established efficiently.
  4. Parental rights for non-biological parents: According to Utah Code Ann. § 78B-15-801, at least one intended parent must have a genetic connection to the child for the surrogacy agreement to be recognized. For non-biological intended parents who are married and part of a gestational surrogacy arrangement, the law allows for the establishment of parental rights through pre-birth parentage orders, assuming the other legal criteria are met. However, in cases where neither intended parent is genetically related to the child or for unmarried couples, the path to establishing parental rights may involve navigating additional legal processes, potentially including second-parent or stepparent adoptions, to secure their legal relationship with the child. It’s important for intended parents in these situations to consult with legal professionals experienced in Utah’s family law to understand the specific steps required to establish parental rights fully.

It is highly recommended that both intended parents and surrogates have independent legal representation. This ensures that the surrogacy agreement is fair and that the rights and responsibilities of all parties are clearly outlined and understood.

At Fairfax Surrogacy, we work closely with experienced legal professionals who specialize in reproductive law and are well-versed in Utah’s surrogacy laws. Our network of legal experts ensures that your surrogacy journey complies with applicable laws and that your rights and interests are safeguarded throughout the process.

Understanding and navigating these laws can be complex, but with the right guidance and support, intended parents and surrogates can embark on this journey with confidence and peace of mind.


Disclaimer: The information provided in this guide is for general informational purposes only and is not intended to serve as legal advice. The content herein does not establish a lawyer-client relationship, and readers should not rely solely on this information for making legal decisions. We strongly advise consulting with a qualified attorney to confirm the accuracy of any details mentioned and to receive legal counsel tailored to your specific situation. Please be aware that laws and regulations regarding surrogacy vary by jurisdiction and are subject to change, meaning that details may not be current or applicable in all areas. It is essential to verify the most up-to-date legal standards and requirements with a professional who is knowledgeable about the latest legislative changes and how they might affect your surrogacy journey.

Information About Surrogacy in Utah for Intended Parents

Embarking on the surrogacy journey in Utah as an intended parent requires careful consideration and the right support. At Fairfax Surrogacy, we understand the significance of selecting the right surrogacy agency for a successful and fulfilling experience.

Our approach is rooted in personalization, coordination, continuous support, and transparency. We prioritize finding the ideal surrogate match for you, manage all legal and medical processes meticulously, offer unwavering guidance throughout the journey, and provide transparent financial planning.

Choosing a Surrogacy Agency

Selecting the right surrogacy agency is crucial for a successful journey. At Fairfax Surrogacy, we offer comprehensive services tailored to your unique needs. Our approach includes:

  • Personalized Matching: We prioritize finding the perfect surrogate match for you, considering factors like compatibility, values, and preferences to ensure a harmonious journey.
  • Coordination of Legal and Medical Processes: We manage all aspects of the surrogacy journey, from overseeing legal agreements to coordinating medical appointments and procedures. Our team ensures that every step adheres to Utah’s legal requirements and medical best practices.
  • Continuous Support and Guidance: We provide ongoing support and guidance throughout the surrogacy process. Our team is always available to answer your questions, offer emotional support, and provide the resources you need for a smooth experience.
  • Transparent Financial Planning: Understanding the financial aspects of surrogacy is vital. We offer a clear breakdown of all costs involved, including agency fees, surrogate compensation, and medical expenses, to help you plan effectively.

Whether you’re located in a major city like Salt Lake or a smaller community in Utah, choosing Fairfax Surrogacy means embarking on a well-supported and carefully guided path to parenthood. We are dedicated to making your surrogacy experience as fulfilling and successful as possible.

happy couple with pregnancy news e1704739769759
navigating surrogacy e1704741637458

Finding a Surrogate in Utah

At Fairfax Surrogacy, we distinguish ourselves through our quality screening process, ensuring that all surrogates are thoroughly vetted before matching. This approach sets us apart from many traditional models and is a crucial aspect of our commitment to your journey towards parenthood.

  • Initial Consultation and Screening: The journey begins with an initial consultation and a comprehensive screening process. This step is vital in understanding the candidate’s readiness and suitability for surrogacy.
  • Comprehensive Health Screening: Our health screening is extensive, including medical examinations, bloodwork, and psychological evaluations. This ensures that our surrogates are in optimal health, both physically and mentally, for the surrogacy journey.
  • Background Checks: We conduct detailed background checks as part of our commitment to safety and security throughout the surrogacy process.
  • In-Depth Interviews: Our team engages in thorough interviews with potential surrogates to gauge their motivations and expectations, ensuring they are fully prepared for the journey ahead.
  • Compatibility Matching: After passing our rigorous screening process, surrogates are carefully matched with intended parents, considering factors like personality, values, and communication preferences.

Our quality screening process stands as an invaluable safeguard for you on your path to becoming a parent through surrogacy. By thoroughly vetting all surrogates before matching, we ensure a higher level of safety, compatibility, and overall satisfaction for both surrogates and intended parents. This meticulous approach is a cornerstone of our service at Fairfax Surrogacy, reflecting our dedication to creating successful and fulfilling surrogacy experiences.

Surrogacy Contracts & Securing Your Parentage

Navigating the legal aspects of surrogacy is a critical component of the journey for intended parents in Utah. Establishing parental rights involves specific legal steps, including the drafting of a well-structured surrogacy agreement and, in most cases, issuance of a pre-birth order for securing your parentage. At Fairfax Surrogacy, we understand the importance of these legalities and ensure they are handled with precision and expertise.

Our extensive network of partners includes top legal professionals who specialize in reproductive law. These experts are well-versed in the nuances of Utah’s surrogacy landscape, ensuring that your surrogacy agreement is meticulously crafted to protect your rights as intended parents. This legal framework is essential not only for securing your parentage but also for providing clarity and security for all parties involved in the surrogacy process.

family spend time summer garden e1704742034964
happy father hugging his little daughter e1704739372645

Surrogacy Costs in Utah

At Fairfax Surrogacy, we recognize the financial complexities involved in the surrogacy journey. To provide clarity and peace of mind for our intended parents, we offer fixed cost packages for surrogacy. These packages are designed to simplify the financial aspect of surrogacy, ensuring transparency and eliminating the worry of hidden fees or unexpected expenses.

Every package includes professional fees covering agency, attorney, counselor, insurance review, and escrow management. Additionally, they encompass surrogate pre-screening, compensation, and all related expenses. Even select variable expenses, such as outside monitoring, travel, and insurance, are covered.

By choosing one of our fixed cost surrogacy packages, intended parents can focus on the exciting journey ahead, reassured by the knowledge that all financial aspects are transparently handled and well-managed. For more details on each package and to understand which option best suits your needs, we invite you to request a no-cost consultation with one of our experienced case managers.

Information About Surrogacy for Utah Surrogates

Becoming a surrogate in Utah is a generous and life-changing decision. It’s a journey that requires commitment, understanding, and a supportive environment. At Fairfax Surrogacy, we are dedicated to guiding surrogates through every step of this rewarding process. Potential surrogates in Utah should understand the requirements to become a surrogate, the steps of the surrogacy process, and their surrogacy compensation.

The Surrogacy Process

The surrogacy process includes several stages, each meticulously planned to ensure a successful and fulfilling experience. It all begins with the initial consultation and screening, where we determine if you’re ready for the remarkable role of a surrogate.

  1. Initial Consultation and Screening: The surrogacy journey begins with an initial consultation followed by a comprehensive screening process. This includes bloodwork and a psychological evaluation to ensure that you are fully prepared for the experience of being a surrogate.
  2. Matching with Intended Parents: After the initial screening, we focus on matching surrogates with intended parents. This step involves considering each party’s preferences, expectations, and compatibility to ensure a harmonious relationship throughout the surrogacy journey.
  3. Medical Screening: Following a successful match, surrogates undergo further medical screening. This step is crucial to confirm overall health and readiness for the surrogacy process.
  4. Legal Process: Once medical screening is complete, the legal process begins. This involves drafting and finalizing surrogacy agreements to protect the rights and responsibilities of both the surrogate and the intended parents.
  5. Medical Process, Including IVF: After the legal agreements are in place, the medical process starts. This includes fertility treatments and in vitro fertilization (IVF) to facilitate the pregnancy.
  6. Pregnancy and Birth: The final stages of the journey involve the surrogate carrying the pregnancy and eventually giving birth. Throughout this period, we provide continuous support and care to ensure a healthy pregnancy and delivery experience for both the surrogate and the baby.

Throughout every stage, Fairfax Surrogacy provides unwavering support and care to ensure a healthy and rewarding experience for both you and the intended parents.

cute pregnant woman home scaled e1704743140195
medium shot pregnant woman chair e1704742970503

Becoming a Surrogate in Utah

To become a surrogate in Utah, candidates typically need to have had at least one successful pregnancy, be in good physical and mental health, and meet certain age criteria. The basic requirements to become a surrogate in Utah are:

  • Must be a legal resident of the United States
  • Must be between the ages of 21 and 42 years old
  • Must have a body mass index (BMI) less than or equal to 32.
  • Must have had at least one full-term, uncomplicated pregnancy and birth
  • Must have had 5 or fewer previous deliveries and 2 or fewer C-sections

If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.

The Application Process

Becoming a surrogate is a meaningful journey, and at Fairfax Surrogacy, we are here to guide you through every step of the way. The first step in your surrogacy journey is the application process, where we take the time to get to know you and ensure that you have all the information you need about surrogacy.

What to Expect During the Application Process:

  1. Initial Consultation: We will start by having an initial consultation to answer any questions you may have and provide you with comprehensive information about surrogacy. This is an opportunity for you to gain a clear understanding of the surrogacy process.
  2. Questionnaires and Interviews: As part of the application process, we will gather information through questionnaires and interviews. These will help us learn more about your background, preferences, and motivations for becoming a surrogate.
  3. Medical History and Records: Your medical history, including pregnancy and delivery records, will be reviewed. This is to ensure that you meet the necessary medical criteria for surrogacy.
  4. Matching Preferences: We will discuss your preferences for matching with intended parents. Your comfort and compatibility with the intended parents are essential for a harmonious surrogacy journey.
  5. Medical and Psychological Assessments: As part of the screening process, you will undergo basic laboratory testing and a psychological assessment. These assessments help ensure that you are physically and emotionally prepared for the surrogacy journey.
  6. Insurance Review: We will review your medical insurance to determine which aspects of the surrogacy process are covered. If necessary, we may work on adjusting or expanding your health insurance coverage to prevent unforeseen expenses.

Our goal during the application process is to provide you with all the support and information you need to embark on this remarkable journey with confidence. Your well-being and understanding of the process are our top priorities.

afro american adorable smiling pregnant lady beige dress sits white armchair 1
young woman enjoying new technologies scaled e1704742187154

Compensation for Surrogates in Utah

At Fairfax Surrogacy, we deeply value the commitment and vital role our surrogates play in the journey of creating families. Understanding the importance of transparency in financial matters, we prioritize clear and upfront communication about how much surrogates get paid in Utah, ensuring our surrogates are fully informed from the beginning.

  • Generous Benefits Package: Fairfax Surrogates are offered a generous Benefits Package, starting at $53,000. This package is designed to adequately compensate our surrogates for their dedication and the incredible gift they are providing to intended parents.
  • Additional Fees and Bonuses: In addition to your base compensation, our package includes additional fees and bonuses, recognizing the various aspects and stages of the surrogacy journey.
  • Support and Benefits: Beyond financial compensation, surrogates receive comprehensive support throughout the pregnancy, including medical care, counseling, and a supportive community of fellow surrogates.

Becoming a surrogate is a profound decision that impacts many lives. At Fairfax Surrogacy, we honor and respect the dedication of our surrogates and are committed to providing them with the utmost care and support throughout their surrogacy journey in Utah.

For detailed information about the benefits and support we offer, submit the form below to download our comprehensive benefits package.

FAQs About Surrogacy in Utah

  • Is surrogacy legal in Utah?
    Yes, surrogacy is legal in Utah, but with specific conditions. The state's legal framework, as outlined in Utah Code Ann. 78B-15-801, permits gestational surrogacy agreements for married intended parents and includes provisions for same-sex couples. These laws establish a clear and secure process for entering into surrogacy agreements, focusing on protecting the rights of all parties involved. However, contrary to the broad inclusivity suggested, Utah's statutes are more restrictive, primarily facilitating surrogacy arrangements for married couples. The legislation allows for the issuance of pre-birth orders to married intended parents, which can establish their legal rights before the child's birth. While Utah's approach to surrogacy is supportive, it's important to note that the legal provisions specifically cater to married individuals, reflecting a more conservative stance compared to the inclusivity of laws in some other states.
  • Can LGBTQ+ individuals and same-sex couples pursue surrogacy in Utah?
    Yes, but with limitations. In Utah, surrogacy laws are specifically designed to support gestational surrogacy for married couples. While the state provides a legal framework for surrogacy through Utah Code Ann. 78B-15-801, it's important to note that these provisions are primarily tailored for married intended parents. Under current Utah law, gestational surrogacy is permitted for married intended parents, and pre-birth parentage orders can generally be obtained by married couples, which includes married same-sex couples. However, the law does not explicitly address surrogacy arrangements for unmarried individuals or same-sex couples who are not married, potentially limiting the accessibility of surrogacy for some LGBTQ+ individuals based on marital status. It's crucial for LGBTQ+ individuals and same-sex couples interested in surrogacy in Utah to consult with legal professionals who specialize in family law and surrogacy within the state. These experts can provide guidance on navigating the legal landscape, exploring options for establishing legal parentage, and ensuring that the surrogacy process aligns with Utah's legal requirements.
  • What are the requirements for becoming a surrogate in Utah?
    Surrogates in Utah typically need to meet certain criteria, such as being of a certain age range, having a previous successful pregnancy, and passing medical and psychological screenings. These requirements are in place to ensure the health and well-being of both the surrogate and the child. The basic requirements to become a surrogate in Utah are:
    • Must be a legal resident of the United States
    • Must be between the ages of 21 and 42 years old
    • Must have a body mass index (BMI) less than or equal to 32
    • Must have had at least one full-term, uncomplicated pregnancy and birth
    • Must have had 5 or fewer previous deliveries and 2 or fewer C-sections
    If you meet these basic requirements, you may be eligible to become a gestational surrogate with Fairfax Surrogacy. This process is the beginning of a rewarding journey where you can make a significant difference in the lives of intended parents.
  • How do intended parents establish legal parentage in Utah?
    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.
  • What are the costs associated with surrogacy in Utah?
    Surrogacy costs in Utah can vary, but they generally include agency fees, surrogate compensation, medical expenses, legal fees, and other related costs. Agencies like Fairfax Surrogacy offer fixed cost packages to provide clarity and manage financial aspects of the surrogacy journey.
  • Is Utah a surrogacy-friendly state?
    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.
  • How do I find a surrogate in Utah?
    Finding a surrogate in Utah typically involves working with a reputable surrogacy agency. These agencies have expertise in matching intended parents with surrogates who meet their specific needs and preferences. The process usually includes:
    • Consultation with a Surrogacy Agency: Start by consulting a surrogacy agency like Fairfax Surrogacy. They will provide information about their services, the surrogacy process, and answer any initial questions you may have.
    • Surrogate Matching Process: The agency will assist you in the matching process, taking into account factors such as compatibility, personality, values, and any specific preferences or requirements you have.
    • Rigorous Screening: Surrogates in Utah undergo a rigorous screening process, which includes medical, psychological, and background checks, to ensure they are suitable for the surrogacy journey.
    • Legal and Medical Procedures: Once a match is made, the agency will guide you through the necessary legal and medical procedures, including drafting surrogacy agreements and coordinating medical treatments.
    Working with an agency ensures that all aspects of the surrogacy process are handled professionally and in compliance with Utah's legal framework.

Contact Us

Ready to take the next step in your surrogacy journey? 

Whether you’re considering becoming a surrogate or you’re on the path to parenthood, Fairfax Surrogacy is here to guide and support you every step of the way. Our team of compassionate and experienced professionals is eager to answer your questions and provide the personalized assistance you need.

Contact us today to explore your options, learn more about our services, and start your journey with confidence. Your dream of building or helping to build a family is just a conversation away – let’s make it a reality together!