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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to gestational agreements.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the requirement that the intended parents be married for a gestational
13 agreement; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78B-15-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78B-15-801 is amended to read:
25 78B-15-801. Gestational agreement authorized.
26 (1) A prospective gestational mother, [
27 husband if [
28 intended parents may enter into a written agreement providing that:
29 (a) the prospective gestational mother agrees to pregnancy by means of assisted
30 reproduction;
31 (b) the prospective gestational mother, [
32 husband if [
33 rights and duties as the parents of a child conceived through assisted reproduction; and
34 (c) the intended parents become the parents of the child.
35 (2) The intended gestational mother may not currently be receiving Medicaid or any
36 other state assistance.
37 (3) The intended parents [
38 gestational agreement.
39 (4) A gestational agreement is enforceable only if validated as provided in Section
40 78B-15-803.
41 (5) A gestational agreement does not apply:
42 (a) to the birth of a child conceived by means of sexual intercourse; or
43 (b) if neither intended parent is a donor.
44 (6) The parties to a gestational agreement shall be 21 years [
45 (7) The gestational mother's eggs may not be used in the assisted reproduction
46 procedure.
47 (8) If the gestational mother is married, [
48 may not be used in the assisted reproduction procedure.