§ 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:
(1)(a) the prospective gestational mother agrees to pregnancy by means of assisted reproduction;
(1)(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
(1)(c) the intended parents become the parents of the child.
(2) The intended gestational mother may not currently be receiving Medicaid or any other state assistance.
(3) (3)(a) The intended parents shall be married.
(3)(b) Both intended parents must be parties to the gestational agreement.
(4) A gestational agreement is enforceable only if validated as provided in Section 81-5-803.
(5) A gestational agreement does not apply:
(5)(a) to the birth of a child conceived by means of sexual intercourse; or
(5)(b) if neither intended parent is a donor.
(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.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session