Utah Surrogacy Laws 2026

Understanding surrogacy laws in Utah

Choosing surrogacy is a profound and personal decision—one that deserves clarity, compassion, and unwavering support. Utah surrogacy laws are designed to provide a clear legal path for Intended Parents and Surrogates, ensuring that every step of the journey is safe, transparent, and respectful. Whether you’re an Intended Parent dreaming of growing your family or a Surrogate offering the gift of life, understanding surrogacy laws in Utah is essential to feeling confident and protected throughout the process.

Utah is one of the few states with a specific legal framework for gestational surrogacy. The Utah Uniform Parentage Act (Utah Code § 78B-15-801) outlines the requirements and protections for surrogacy agreements, making the state a supportive environment for those pursuing this path. By working within these laws, you can trust that your rights—and the rights of your future child—are safeguarded from the very beginning.

Types of surrogacy recognized in Utah

Utah law recognizes and regulates gestational surrogacy—where the Surrogate has no genetic connection to the child. This means the embryo is created using the Intended Parents’ or donors’ egg and sperm, and then transferred to the Surrogate. Traditional surrogacy, where the Surrogate’s own egg is used, is not legally recognized or protected under Utah surrogacy laws.

Key points about surrogacy types in Utah:

• Gestational surrogacy is legal and regulated. All parties must follow the requirements set by the Utah Uniform Parentage Act.
• Traditional surrogacy is not protected. Because the Surrogate would be genetically related to the child, Utah law does not provide a legal framework for these arrangements.
• Compensated and altruistic surrogacy are both permitted. Surrogates may receive reasonable compensation for their time, effort, and medical expenses, or may choose to help Intended Parents without compensation.

These distinctions are in place to ensure that every surrogacy journey in Utah is built on a foundation of legal clarity and emotional security.

Who can become a Surrogate or Intended Parent in Utah

Utah surrogacy laws set clear eligibility criteria for both Surrogates and Intended Parents, prioritizing the well-being of everyone involved.

Intended Parents must:

• Be married and at least one spouse must be a genetic parent of the child.
• Undergo a home study, similar to adoption, to ensure a safe and supportive environment for the child.
• Be at least 21 years old.

Surrogates must:

• Be at least 21 years old.
• Have previously given birth to at least one child.
• Complete a medical and psychological evaluation to confirm readiness for surrogacy.
• Not use their own egg in the surrogacy process (gestational surrogacy only).

These requirements are designed to protect the health, safety, and emotional well-being of the Surrogate, the Intended Parents, and—most importantly—the child. By meeting these standards, you can feel confident that your surrogacy journey in Utah is supported by thoughtful, comprehensive safeguards.

Legal steps for surrogacy agreements in Utah

A legally valid surrogacy agreement is the cornerstone of a safe and successful surrogacy journey in Utah. The law requires that all parties follow a specific process to ensure everyone’s rights and responsibilities are clearly defined and protected.

The legal process includes:

1. Written agreement: All parties (Intended Parents and Surrogate, plus their spouses if applicable) must sign a detailed, written contract before any medical procedures begin.
2. Independent legal counsel: Each party must have their own attorney to review and explain the agreement, ensuring everyone’s interests are represented.
3. Court approval: The agreement must be submitted to a Utah court for approval before embryo transfer. The court will review the contract to confirm it meets all legal requirements and serves the best interests of the child.
4. Home study: Intended Parents must complete a home study, which is reviewed by the court as part of the approval process.

These legal steps are not just formalities—they are essential protections that give you peace of mind, knowing your surrogacy journey is built on trust, transparency, and respect.

Parental rights and establishing parentage in Utah

One of the most important aspects of Utah surrogacy laws is the clear process for establishing parental rights. Utah courts allow Intended Parents to be recognized as the legal parents of the child from birth, provided all legal requirements have been met.

How parentage is established:

• Once the surrogacy agreement is approved by the court, the Intended Parents are granted a pre-birth parentage order. Pre-birth parentage in Utah requires that either the Surrogate or the Intended Parents have been a resident of Utah for at least 90 days before the petition. 
• This order ensures that the Intended Parents’ names appear on the child’s birth certificate, and they have full legal rights and responsibilities from the moment of birth.
• The Surrogate and her spouse (if married) are not considered legal parents, protecting everyone from future disputes or uncertainty.

These legal protections are designed to honor the intentions and commitments of all parties, ensuring that your family’s foundation is secure and recognized by law.

Begin your surrogacy journey in Utah with confidence

Ready to take the next step toward building your family or helping others achieve their dreams? At Hatch, we believe every surrogacy journey deserves expert guidance, heartfelt support, and unwavering legal protection. Our team is here to walk with you—answering your questions, ensuring your safety, and honoring your hopes every step of the way.

Start your Utah surrogacy journey with the confidence that comes from compassionate expertise. Connect with Hatch today and discover how we can help you create a safe, joyful, and legally secure path to parenthood.

Frequently Asked Questions

• Are surrogacy agreements enforceable under Utah surrogacy laws?
  Yes, as long as the agreement meets all legal requirements and is approved by a Utah court before embryo transfer.
• Can single individuals or unmarried couples pursue surrogacy in Utah?
  No, Utah surrogacy laws require Intended Parents to be married.
• Is traditional surrogacy allowed in Utah?
  No, only gestational surrogacy is recognized and protected under Utah law.
• What compensation can a Surrogate receive in Utah?
  Surrogates may receive reasonable compensation for their time, effort, and medical expenses, as outlined in the surrogacy agreement.
• How are parental rights established for Intended Parents in Utah?
  Through a court-approved surrogacy agreement and a pre-birth parentage order, Intended Parents are recognized as the legal parents from birth.