7 LONG TITLE
8 General Description:
9 This bill addresses a hearing before a tribunal to validate a gestational agreement.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the Utah Supreme Court's decision in In re Gestational Agreement, 2019
13 UT 40, 449 P.3d 69;
14 ▸ repeals a requirement that a party demonstrate certain medical evidence in order to
15 obtain a valid gestational agreement from a tribunal; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 78B-15-803, as renumbered and amended by Laws of Utah 2008, Chapter 3
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-15-803 is amended to read:
27 78B-15-803. Hearing to validate gestational agreement.
28 (1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
29 validating the gestational agreement and declaring that the intended parents will be the parents
30 of a child born during the term of the agreement.
31 (2) The tribunal may issue an order under Subsection (1) only on finding that:
32 (a) the residence requirements of Section 78B-15-802 have been satisfied and the
33 parties have submitted to the jurisdiction of the tribunal under the jurisdictional standards of
34 this part;
39 conducted in accordance with Sections 78B-6-128 through 78B-6-131, and the intended
40 parents meet the standards of fitness applicable to adoptive parents;
42 professional as evidenced by a certificate:
43 (i) signed by the licensed mental health professional [
44 have discussed options and consequences of the agreement; and
45 (ii) presented to the tribunal;
47 agreement's terms;
49 and her bearing another child will not pose an unreasonable health risk to the unborn child or to
50 the physical or mental health of the prospective gestational mother;
52 associated with the gestational agreement until the birth of the child, including responsibility
53 for [
58 procedure; and
60 the assisted reproduction procedure.
61 (3) Whether to validate a gestational agreement is within the discretion of the tribunal,
62 subject only to review for abuse of discretion.