Surrogacy Contracts in Utah: What’s Included and Why it Matters

In Utah, your surrogacy contract is more than just a private agreement; it is a petition to the court. Unlike most states, Utah law requires a judge to validate your contract before you begin any medical procedures.

This judicial approval transforms your agreement into a binding court order, guaranteeing your rights and the intended parents’ legal status from day one. Without this official validation, your contract is unenforceable, making this legal step the most critical part of your journey.

If you are ready to work with a specialist who will ensure your contract is legally protected, contact us online to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the interaction between you and the intended parents. In Utah, this document must be finalized and submitted to the court for validation before any embryo transfer takes place.

The contract generally covers several key areas:

• Intent and Parentage: This section confirms you are carrying the child for the intended parents and do not intend to be the legal parent. This specific language is required to meet the standards of the Utah Uniform Parentage Act.
• Eligibility Verification: Utah contracts often include clauses verifying that the intended parents are married and that at least one party has been a resident of Utah for at least 90 days, as these are statutory requirements for the contract to be valid.
• Financial Terms: Your contract provides a detailed breakdown of compensation. This includes your base pay, monthly expense allowances, and specific reimbursements for maternity needs. It also establishes escrow account requirements to ensure money is available when needed.
• Medical Expectations: This chapter outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules.
• Liability and Risk: The agreement clarifies that you are not financially liable for the costs of the pregnancy or medical complications. It shifts the financial risk of medical bills entirely to the intended parents.

Are Surrogacy Contracts Enforceable in Utah?

Yes, but only if they are validated. Utah Code § 78B-15-801 explicitly authorizes gestational agreements, but it states that such an agreement is “enforceable only if validated” by a tribunal.

This means you cannot simply sign a paper and start IVF. You, the intended parents, and your attorneys must attend a hearing where the court verifies that:

• The intended parents have completed a home study.
• All parties have independent legal counsel.
• You have had at least one previous pregnancy and delivery.

Once the judge issues the order validating the agreement, the contract becomes strictly enforceable, and the intended parents are declared the legal parents immediately upon birth.

You can view the official statute here: Utah Code § 78B-15-801.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs when either you or the intended parents fail to meet a significant obligation listed in the signed agreement.

If the contract was validated, the court has continuing jurisdiction. This means the judge can enforce the terms directly.

• Financial Breach: If the intended parents fail to pay “reasonable consideration” as agreed, the court can order them to fulfill their financial obligations.
• Non-Validated Contracts: If you skip the validation step, Utah Code § 78B-15-809 states that the intended parents may be liable for support, but the contract itself is not enforceable. This creates a significant legal risk, emphasizing why the validation hearing is non-negotiable.

Understanding Surrogate Compensation in Utah

Utah law allows for “reasonable consideration” to be paid to the surrogate. Your contract will explicitly state the total compensation package and the timeline for every payment.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy, typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: You will receive payments to cover incidental costs. This includes a medication start fee when you begin injections and a monthly allowance for minor expenses like vitamins and mileage.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance or fees for invasive procedures like amniocentesis.

To guarantee these payments are secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment.

Medical Rights in a Surrogacy Contract

Although you are carrying a child for another family, you never lose your constitutional rights to bodily autonomy. Your contract creates a framework for collaboration while respecting your rights as a patient.

Key medical provisions typically include:

• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your OB-GYN.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view medical records.

Pregnancy Termination & Reduction Clauses

Termination clauses in Utah contracts are heavily regulated by state law. Utah currently bans abortion after 18 weeks gestational age under Utah Code § 76-7-302, with limited exceptions.

• Legal Compliance: Your contract cannot require you to perform an act that is illegal. Therefore, any termination clause is strictly bound by the 18-week limit and the specific statutory exceptions (such as to save the life of the mother or in cases of fatal fetal defects).
• Bodily Autonomy: While the contract may outline the intended parents’ preferences regarding termination for medical reasons, the court cannot compel you to undergo a procedure against your will.

You can view the current abortion statute here: Utah Code § 76-7-302.

Lifestyle and Travel Restrictions

To protect the investment of the intended parents and the health of the baby, your contract will place reasonable limitations on your lifestyle.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely abstain from alcohol, nicotine, and illegal drugs.
• Travel Restrictions: You may be restricted from traveling out of state after 24–28 weeks. This is critical in Utah because the validated contract is specific to Utah jurisdiction; giving birth in another state could create conflicting legal outcomes regarding parentage.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

The contract specifies the hospital where you intend to deliver and states that the intended parents are permitted to be in the delivery room, provided hospital policy allows it. Because the agreement is validated, the intended parents are recognized as the parents immediately. The contract confirms their authority to make all medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a weekly compensation rate for this service and requires the intended parents to cover supplies and shipping.

Insurance Requirements in a Utah Surrogacy Contract

Your financial security is a top priority. Your contract will require a thorough review of your health insurance policy to determine if it can be used for a surrogacy pregnancy.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogate-friendly insurance policy for you. The contract will also require the intended parents to purchase a life insurance policy for you, typically with a benefit of $250,000 or more to protect your family’s financial future.

How Surrogacy Contracts Differ: Agency vs. Independent

Choosing between an agency-assisted journey and an independent surrogacy journey significantly impacts your contract experience.

In an independent journey, you are responsible for ensuring your contract meets the complex eligibility requirements of the Utah Uniform Parentage Act (such as the 90-day residency and home study rules). If you miss a step, the court may refuse to validate the agreement, leaving you without legal protection.

Working with an agency provides comprehensive support:

• Screening: We protect you by verifying that the intended parents meet Utah’s specific marriage and home study requirements before you match.
• Legal Coordination: We manage the legal clearance process, connecting you with experienced Utah attorneys who know how to file for judicial validation correctly.
• Mediation: If a disagreement arises, your agency specialist acts as a mediator to resolve the issue professionally.

Understanding the Contract Is Just the Beginning—We’ll Help You Navigate What’s Next in Utah

Your surrogacy contract is the foundation of a successful process, providing you with the clarity and security you need to focus on the gift you are creating. It protects your finances, respects your body, and ensures that you and the intended parents are united in your goals.

We are here to handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey where your rights are protected every step of the way, contact us online to speak with a specialist today.