Full text of Utah Utah Code § 81-5-801 — Gestational agreement authorized., with citation guidance and answers to common questions.
§ 81-5-801. Gestational agreement authorized.
Effective 9/1/2025
81-5-801.
Gestational agreement authorized.
| (1) | A prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, a donor or the donors, and the intended parents may enter into a written agreement providing that:
| (a) | the prospective gestational mother agrees to pregnancy by means of assisted reproduction; |
| (b) | the prospective gestational mother, the prospective gestational mother's spouse if the prospective gestational mother is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and |
| (c) | the intended parents become the parents of the child. |
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| (2) | The intended gestational mother may not currently be receiving Medicaid or any other state assistance. |
| (3) |
| (a) | The intended parents shall be married. |
| (b) | Both intended parents must be parties to the gestational agreement. |
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| (4) | A gestational agreement is enforceable only if validated as provided in Section 81-5-803. |
| (5) | A gestational agreement does not apply:
| (a) | to the birth of a child conceived by means of sexual intercourse; or |
| (b) | if neither intended parent is a donor. |
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| (6) | The parties to a gestational agreement shall be 21 years old or older. |
| (7) | The gestational mother's eggs may not be used in the assisted reproduction procedure. |
| (8) | If the gestational mother is married, the gestational mother's spouse's sperm or eggs may not be used in the assisted reproduction procedure. |
Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-5-801
What does Utah Code § 81-5-801 cover?
Section 81-5-801 ("Gestational agreement authorized.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-5-801?
A common citation format is "Utah Code § 81-5-801" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-5-801 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
