An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Utah

Generally, is Utah friendly to ART? Yes.  

Is Utah friendly to non-married couples?  No. 

Is Utah friendly to LGBT families? Yes.  

Is Utah friendly to a single intended parent? There are some risks, you should speak to a Utah attorney about the risks of single parents utilizing surrogacy to build his/her family in Utah. 

Are there statutes in place in Utah for surrogacy?  Yes.  

Does Utah have an embryo donation statute? Utah has an assisted reproduction statute that governs embryo donation.  

Does Utah have an egg donation statute?  Utah has an assisted reproduction statute that governs egg donation. 

Is gestational surrogacy (third party gamete use) permitted in Utah?  Yes.  

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in Utah? There are risks, so you should speak to a Utah attorney about the risks of traditional surrogacy in Utah.

Is compensated (paid) surrogacy allowed by statute in Utah?  Yes. 

In Utah, Is uncompensated (expense reimbursement only) surrogacy allowed by statute?   Yes. 

Does Utah only permit a Carrier to be reimbursed for expenses (non-compensated)? No.  

Are surrogacy agreements enforceable, void or prohibited in Utah? Surrogacy agreements are enforceable when approved by a Utah court.  

Do both Intended Parents both have to be genetically related to the child in Utah? No. 

Does Utah require at least one Intended Parent to be genetically related to the child? There are risks if at least one parent is not genetically related to the child. You should speak to a Utah attorney about the risks of using donated embryos in Utah. 

If a single intended parent uses surrogacy in Utah do they have to be genetically related to the child? You should speak to a Utah art fellow about the risks of single parents utilizing surrogacy to build his/her family in Utah. 

Do the Intended Parents have to be married in Utah? Yes. 

Does Utah require two Intended Parents to be opposite gender? No.  

Does Utah allow pre-birth parentage orders to be issued for surrogacy? Yes, pre-birth parentage orders are required. 

Does Utah only allow a post-birth parentage order to be issued? Yes, post-birth parentage orders are required. 

Can you obtain both a pre and post birth order in Utah for the same child? Yes. 

Can you obtain a parentage order if only the carrier resides in Utah? Yes. 

Can you obtain a parentage order if only the intended parents reside in Utah? Yes. 

Can you obtain a parentage order if only the birth occurs in Utah? No. Either the intended parents or the carrier must reside in the state of Utah.  

Can you obtain a parentage order if only the medical procedures/IVF Clinic is located in Utah? No.  

What is the basis for venue in Utah? Any district court in the state of Utah can issue an order. 

Do results vary by venue in Utah? No.  

In Utah, is a hearing required for a parentage order? No, it can be waived by the court.  

Does Utah have a passport office? Yes. 

How long does it take to obtain a birth certificate in Utah? Typically, is it available within 10 days of delivery.  

Will Utah vital records honor a parentage order from another state? Only if the foreign order is registered with a Utah court. 

Does Utah vital records require a parentage order from another state to be registered? Yes.  

How does a Utah birth certificate list same-sex parents? Parents can choose to be identified as father-father, mother-mother, or parent-parent. 

Can an Utah initial birth certificate be obtained naming the biological parent and the carrier? No, not unless a parentage action is filed with the court.  

Can a Utah birth certificate be amended to include only the biological parent or both intended parents? Yes, but only after a second parent adoption or parentage order.  

Do Utah amended birth certificates say “amended” on them? Yes. 

Can intended parents in a surrogacy obtain an adoption order in Utah? Yes. 

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Utah should not rely exclusively on these printed responses.  All these issues should be discussed with a Utah attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.