What Utah law currently requires
Effective September 1, 2025, Utah's gestational-agreement provisions are codified in Title 81. The statute authorizes written gestational agreements and requires judicial validation for enforceability.
- The prospective gestational mother and the parties must meet statutory age requirements.
- The intended parents must be married and both must be parties to the agreement.
- The gestational mother's eggs cannot be used in the assisted-reproduction procedure.
- The agreement does not apply if neither intended parent is a donor.
- The statute states that the intended gestational mother may not currently be receiving Medicaid or other state assistance.
Parentage after a validated agreement
After a child is born under a validated gestational agreement, Utah law provides for notice to the tribunal and an order confirming the intended parents' parentage and directing issuance of the birth certificate. A nonvalidated agreement is not enforceable under Part 8.
What this means for a prospective carrier
The carrier and intended parents should confirm eligibility and complete the required validation process before treatment. Do not rely on older Utah Code section numbers, because the relevant provisions were renumbered effective in 2025.
Primary authorities: Utah Code §§81-5-801, 81-5-807 and 81-5-809.