§ 78B-3-407.5 — Requirements for written agreement or consent for egg retrieval.

Utah § 78B-3-407.5

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-3: Civil Actions
• Part 78B-3-4: Utah Health Care Malpractice Act

Text

(1) As used in this section:
(1)(a) "Assisted reproduction" means the same as that term is defined in Section 81-5-102.
(1)(b) "Donor" means an individual who provides the individual's egg for use in assisted reproduction that is to be performed on a recipient other than the individual or the individual's regular sexual partner.
(1)(c) "Egg retrieval" means a procedure by which an egg is collected from an individual's ovarian follicles.
(1)(d) "Reproductive tissue facility" means the facility that performs an egg retrieval.
(2) A written agreement or consent between a reproductive tissue facility and a donor for an egg retrieval shall contain a clause that discloses any reasonably foreseeable complication associated with the egg retrieval.
(3) A clause in a written agreement or consent between a reproductive tissue facility and a donor for an egg retrieval is against public policy and is void and unenforceable if the clause requires the donor to release the reproductive tissue facility from liability for any complication associated with the egg retrieval that arises within 90 days after the day on which the egg retrieval occurs.

Legislative History

Amended by Chapter 11, 2025 Special Session 1