Yes, surrogacy is legal in Utah under specific statutory and judicial frameworks. The state permits gestational surrogacy agreements, provided they comply with Utah Code § 78B-15-801 et seq., which requires court approval of pre-birth parentage orders. Utah’s Family Law Courts, particularly in Salt Lake County, oversee these petitions, ensuring compliance with genetic testing and consent requirements. Recent 2026 amendments to the Uniform Parentage Act (UPA) impose stricter pre-birth judicial review timelines, mandating hearings within 30 days of filing to validate surrogate and intended parents’ legal rights.
Key Regulations for Surrogacy in Utah
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Pre-Birth Parentage Orders: Utah mandates judicial approval of surrogacy contracts before birth, with petitions filed in the district court where the surrogate resides. The court evaluates genetic ties, financial agreements, and surrogate consent under Utah Code § 78B-15-803.
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Compensated Surrogacy Limits: Utah caps surrogate compensation at $30,000 (excluding reasonable expenses), aligning with 2026 UPA adjustments to prevent exploitative financial incentives. Payments must be itemized and approved by the court to avoid voiding the agreement.
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Residency and Medical Requirements: The surrogate must be a Utah resident for at least 90 days prior to filing, with medical screening conducted by a licensed fertility clinic in the state. Intended parents must undergo genetic testing to establish parentage under § 78B-15-804.