Full text of Utah Utah Code § 81-5-803 — Hearing to validate gestational agreement., with citation guidance and answers to common questions.
§ 81-5-803. Hearing to validate gestational agreement.
Effective 9/1/2025
81-5-803.
Hearing to validate gestational agreement.
| (1) | If the requirements of Subsection (2) are satisfied, a tribunal may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement. |
| (2) | The tribunal may issue an order under Subsection (1) only on finding that:
| (a) | the residence requirements of Section 81-5-802 have been satisfied and the parties have submitted to the jurisdiction of the tribunal under the jurisdictional standards of this part; |
| (b) | unless waived by the tribunal, a home study of the intended parents has been conducted in accordance with Chapter 13, Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption, and the intended parents meet the standards of fitness applicable to adoptive parents; |
| (c) | all parties have participated in counseling with a licensed mental health professional as evidenced by a certificate:
| (i) | signed by the licensed mental health professional that affirms that all parties have discussed options and consequences of the agreement; and |
| (ii) | presented to the tribunal; |
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| (d) | all parties have voluntarily entered into the agreement and understand the agreement's terms; |
| (e) | the prospective gestational mother has had at least one pregnancy and delivery and the prospective gestational mother's bearing another child will not pose an unreasonable health risk to the unborn child or to the physical or mental health of the prospective gestational mother; |
| (f) | adequate provision has been made for all reasonable health-care expense associated with the gestational agreement until the birth of the child, including responsibility for all reasonable health-care expense if the agreement is terminated; |
| (g) | the consideration, if any, paid to the prospective gestational mother is reasonable; |
| (h) | all the parties to the agreement are 21 years old or older; |
| (i) | the gestational mother's eggs are not being used in the assisted reproduction procedure; and |
| (j) | if the gestational mother is married, the gestational mother's spouse's sperm or eggs are not being used in the assisted reproduction procedure. |
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| (3) | Whether to validate a gestational agreement is within the discretion of the tribunal, subject only to review for abuse of discretion. |
Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-5-803
What does Utah Code § 81-5-803 cover?
Section 81-5-803 ("Hearing to validate gestational agreement.") 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 § 81-5-803?
A common citation format is "Utah Code § 81-5-803" (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 § 81-5-803 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.
