1     
GESTATIONAL AGREEMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Todd Weiler

6     

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:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          78B-15-803, as renumbered and amended by Laws of Utah 2008, Chapter 3
24     

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;
35          [(b) medical evidence shows that the intended mother is unable to bear a child or is
36     unable to do so without unreasonable risk to her physical or mental health or to the unborn
37     child;]
38          [(c)] (b) unless waived by the tribunal, a home study of the intended parents has been
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;
41          [(d)] (c) all parties have participated in counseling with a licensed mental health
42     professional as evidenced by a certificate:
43          (i) signed by the licensed mental health professional [which] that affirms that all parties
44     have discussed options and consequences of the agreement; and
45          (ii) presented to the tribunal;
46          [(e)] (d) all parties have voluntarily entered into the agreement and understand [its] the
47     agreement's terms;
48          [(f)] (e) the prospective gestational mother has had at least one pregnancy and delivery
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;
51          [(g)] (f) adequate provision has been made for all reasonable health-care expense
52     associated with the gestational agreement until the birth of the child, including responsibility
53     for [those expenses] all reasonable health-care expense if the agreement is terminated;
54          [(h)] (g) the consideration, if any, paid to the prospective gestational mother is
55     reasonable;
56          [(i)] (h) all the parties to the agreement are 21 years [of age] old or older;
57          [(j)] (i) the gestational mother's eggs are not being used in the assisted reproduction
58     procedure; and
59          [(k)] (j) if the gestational mother is married, her husband's sperm is not being used in
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.