§ 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:
(2)(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;
(2)(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;
(2)(c) all parties have participated in counseling with a licensed mental health professional as evidenced by a certificate:
(2)(c)(i) signed by the licensed mental health professional that affirms that all parties have discussed options and consequences of the agreement; and
(2)(c)(ii) presented to the tribunal;
(2)(d) all parties have voluntarily entered into the agreement and understand the agreement's terms;
(2)(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;
(2)(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;
(2)(g) the consideration, if any, paid to the prospective gestational mother is reasonable;
(2)(h) all the parties to the agreement are 21 years old or older;
(2)(i) the gestational mother's eggs are not being used in the assisted reproduction procedure; and
(2)(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.
(3) Whether to validate a gestational agreement is within the discretion of the tribunal, subject only to review for abuse of discretion.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session