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Utah Surrogacy Law
Summary: Surrogacy agreements are void and unenforceable under Utah law.
Detail: Existing state law says that participation in compensated surrogacy contracts is a misdemeanor, punishable by up to six months in jail and $1,000 fine. The surrogate and her husband, if any, are the legal parents of a child produced through surrogacy and a court will not be bound by any provisions addressing custody and adoption in a surrogacy agreement.
Citation: UTAH CODE ANN. §76-7-204 (2002).
76-7-204 Prohibition of surrogate parenthood agreements - Status of child - Basis of custody.
(1) (a) No person, agency, institution, or intermediary may be a party to a contract for profit or gain in which a woman agrees to undergo artificial insemination or other procedures and subsequently terminate her parental rights to a child born as a result.
(b) No person, agency, institution, or intermediary may facilitate a contract prohibited by Subsection (1). This section does not apply to medical care provided after conception.
(c) Contracts or agreements entered into in violation of this section are null and void, and unenforceable as contrary to public policy.
(d) A violation of this subsection is a class B misdemeanor.
(2) An agreement which is entered into, without consideration given, in which a woman agrees to undergo artificial insemination or other procedures and subsequently terminate her parental rights to a child born as a result, is unenforceable.
(3) (a) In any case arising under Subsection (1) or (2), the surrogate mother is the mother of the child for all legal purposes, and her husband, if she is married, is the father of the child for all legal purposes.
(b) In any custody issue that may arise under Subsection (1) or (2), the court is not bound by any of the terms of the contract or agreement but shall make its custody decision based solely on the best interest of the child.
(4) Nothing in this section prohibits adoptions and adoption services that are in accordance with the laws of this state.
(5) This section applies to contracts or agreements that are entered into after April 24, 1989.
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