(1)In this section:
(a)Gestational agreement means an enforceable or unenforceable
agreement for assisted reproduction in which a woman agrees to carry a child to
birth for an intended parent, intended parents, or an individual described in
subsection (5) of this section.
(b)Gestational carrier means a woman who is not an intended parent who
gives birth to a child under a gestational agreement. The term is not limited to a
woman who is the child's genetic mother.
(c)Gestational child means a child born to a gestational carrier under a
gestational agreement.
(d)Intended parent means an individual who entered into a validated
gestational agreement providing that the individual will be the parent of a child
born to a gestational carrier by means of assisted reproduction. The
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(1) In this section:
(a) Gestational agreement means an enforceable or unenforceable
agreement for assisted reproduction in which a woman agrees to carry a child to
birth for an intended parent, intended parents, or an individual described in
subsection (5) of this section.
(b) Gestational carrier means a woman who is not an intended parent who
gives birth to a child under a gestational agreement. The term is not limited to a
woman who is the child's genetic mother.
(c) Gestational child means a child born to a gestational carrier under a
gestational agreement.
(d) Intended parent means an individual who entered into a validated
gestational agreement providing that the individual will be the parent of a child
born to a gestational carrier by means of assisted reproduction. The term is not
limited to an individual who has a genetic relationship with the child.
(2) Court order adjudicating parentage - effect. A parent-child relationship
is conclusively established by a court order designating the parent or parents of a
gestational child.
(3) Gestational carrier. A parent-child relationship between a gestational
child and the child's gestational carrier does not exist unless the gestational carrier
is:
(a) Designated as a parent of the child in a court order described in
subsection (2) of this section; or
(b) The child's genetic mother and a parent-child relationship does not exist
under this section with an individual other than the gestational carrier.
(4) Parent-child relationship with intended parent or parents. In the
absence of a court order under subsection (2) of this section, a parent-child
relationship exists between a gestational child and an intended parent who:
(a) Functioned as a parent of the child no later than two years after the
child's birth; or
(b) Died while the gestational carrier was pregnant if:
(I) There were two intended parents and the other intended parent
functioned as a parent of the child no later than two years after the child's birth;
(II) There were two intended parents, the other intended parent also died
while the gestational carrier was pregnant, and a relative of either deceased
intended parent or the spouse or surviving spouse of a relative of either deceased
intended parent functioned as a parent of the child no later than two years after the
child's birth; or
(III) There was no other intended parent and a relative of or the spouse or
surviving spouse of a relative of the deceased intended parent functioned as a
parent of the child no later than two years after the child's birth.
(5) Gestational agreement after death or incapacity. In the absence of a
court order under subsection (2) of this section, a parent-child relationship exists
between a gestational child and an individual whose sperm or eggs were used after
the individual's death or incapacity to conceive a child under a gestational
agreement entered into after the individual's death or incapacity if the individual
intended to be treated as the parent of the child. The individual's intent may be
shown by:
(a) A record signed by the individual which considering all the facts and
circumstances evidences the individual's intent; or
(b) Other facts and circumstances establishing the individual's intent by
clear and convincing evidence.
(6) Presumption - gestational agreement after spouse's death or
incapacity. Except as otherwise provided in subsection (7) of this section, and
unless there is clear and convincing evidence of a contrary intent, an individual is
deemed to have intended to be treated as the parent of a gestational child for
purposes of paragraph (b) of subsection (5) of this section if:
(a) The individual, before death or incapacity, deposited the sperm or eggs
that were used to conceive the child;
(b) When the individual deposited the sperm or eggs, the individual was
married and no divorce proceeding was pending; and
(c) The individual's spouse or surviving spouse functioned as a parent of the
child no later than two years after the child's birth.
(7) Subsection (6) presumption inapplicable. The presumption under
subsection (6) of this section does not apply if there is:
(a) A court order under subsection (2) of this section; or
(b) A signed record that satisfies paragraph (a) of subsection (5) of this
section.
(8) When posthumously conceived gestational child treated as in
gestation. If, under this section, an individual is a parent of a gestational child who
is conceived after the individual's death, the child is treated as in gestation at the
time of the individual's death for purposes of section 15-11-104 (1)(b) if the child is:
(a) In utero not later than thirty-six months after the individual's death; or
(b) Born not later than forty-five months after the individual's death.
(9) No effect on other laws. This section does not affect laws of this state
other than this code regarding the enforceability or validity of a gestational
agreement.