1     
GESTATIONAL AGREEMENT REQUIREMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to gestational agreements.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends requirements regarding a prospective gestational mother's spouse;
13          ▸     amends the requirement that the intended parents be married for a gestational
14     agreement; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-15-801, as renumbered and amended by Laws of Utah 2008, Chapter 3
23          78B-15-802, as renumbered and amended by Laws of Utah 2008, Chapter 3
24          78B-15-803, as last amended by Laws of Utah 2020, Chapter 101
25          78B-15-806, as renumbered and amended by Laws of Utah 2008, Chapter 3
26          78B-15-808, as renumbered and amended by Laws of Utah 2008, Chapter 3
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 78B-15-801 is amended to read:
30          78B-15-801. Gestational agreement authorized.
31          (1) A prospective gestational mother, [her husband] the prospective gestational
32     mother's spouse if [she] the prospective gestational mother is married, a donor or the donors,
33     and the intended parents may enter into a written agreement providing that:
34          (a) the prospective gestational mother agrees to pregnancy by means of assisted
35     reproduction;
36          (b) the prospective gestational mother, [her husband] the prospective gestational
37     mother's spouse if [she] the prospective gestational mother is married, and the donors
38     relinquish all rights and duties as the parents of a child conceived through assisted
39     reproduction; and
40          (c) the intended parents become the parents of the child.
41          (2) The intended gestational mother may not currently be receiving Medicaid or any
42     other state assistance.
43          (3) The intended parents [shall be married, and both spouses] must be parties to the
44     gestational agreement.
45          (4) A gestational agreement is enforceable only if validated as provided in Section
46     78B-15-803.
47          (5) A gestational agreement does not apply:
48          (a) to the birth of a child conceived by means of sexual intercourse; or
49          (b) if neither intended parent is a donor.
50          (6) The parties to a gestational agreement shall be 21 years [of age] old or older.
51          (7) The gestational mother's eggs may not be used in the assisted reproduction
52     procedure.
53          (8) If the gestational mother is married, [her husband's] the gestational mother's
54     spouse's sperm or eggs may not be used in the assisted reproduction procedure.
55          Section 2. Section 78B-15-802 is amended to read:
56          78B-15-802. Requirements of petition.
57          (1) The intended parents and the prospective gestational mother may file a petition in
58     the district tribunal to validate a gestational agreement.
59          (2) A petition to validate a gestational agreement may not be maintained unless either
60     the mother or intended parents have been residents of this state for at least 90 days.
61          (3) The prospective gestational mother's [husband] spouse, if [she] the prospective
62     gestational mother is married, must join in the petition.
63          (4) A copy of the gestational agreement must be attached to the petition.
64          Section 3. Section 78B-15-803 is amended to read:
65          78B-15-803. Hearing to validate gestational agreement.
66          (1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
67     validating the gestational agreement and declaring that the intended parents will be the parents
68     of a child born during the term of the agreement.
69          (2) The tribunal may issue an order under Subsection (1) only on finding that:
70          (a) the residence requirements of Section 78B-15-802 have been satisfied and the
71     parties have submitted to the jurisdiction of the tribunal under the jurisdictional standards of
72     this part;
73          (b) unless waived by the tribunal, a home study of the intended parents has been
74     conducted in accordance with Sections 78B-6-128 through 78B-6-131, and the intended
75     parents meet the standards of fitness applicable to adoptive parents;
76          (c) all parties have participated in counseling with a licensed mental health
77     professional as evidenced by a certificate:
78          (i) signed by the licensed mental health professional that affirms that all parties have
79     discussed options and consequences of the agreement; and
80          (ii) presented to the tribunal;
81          (d) all parties have voluntarily entered into the agreement and understand the
82     agreement's terms;
83          (e) the prospective gestational mother has had at least one pregnancy and delivery and
84     [her] the prospective gestational mother's bearing another child will not pose an unreasonable
85     health risk to the unborn child or to the physical or mental health of the prospective gestational
86     mother;
87          (f) adequate provision has been made for all reasonable health-care expense associated
88     with the gestational agreement until the birth of the child, including responsibility for all
89     reasonable health-care expense if the agreement is terminated;
90          (g) the consideration, if any, paid to the prospective gestational mother is reasonable;
91          (h) all the parties to the agreement are 21 years old or older;
92          (i) the gestational mother's eggs are not being used in the assisted reproduction
93     procedure; and
94          (j) if the gestational mother is married, [her husband's sperm is] the gestational
95     mother's spouse's sperm or eggs are not being used in the assisted reproduction procedure.
96          (3) Whether to validate a gestational agreement is within the discretion of the tribunal,
97     subject only to review for abuse of discretion.
98          Section 4. Section 78B-15-806 is amended to read:
99          78B-15-806. Termination of gestational agreement.
100          (1) After issuance of an order under this part, but before the prospective gestational
101     mother becomes pregnant by means of assisted reproduction, the prospective gestational
102     mother, [her husband] the prospective gestational mother's spouse, or either of the intended
103     parents may terminate the gestational agreement only by giving written notice of termination to
104     all other parties.
105          (2) The tribunal for good cause shown also may terminate the gestational agreement.
106          (3) An individual who terminates an agreement shall file notice of the termination with
107     the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part.
108     An individual who does not notify the tribunal of the termination of the agreement is subject to
109     appropriate sanctions.
110          (4) [Neither a prospective gestational mother nor her husband, if any, is liable] A
111     prospective gestational mother, or the prospective gestational mother's spouse if married, is not
112     liable to the intended parents for terminating an agreement pursuant to this section.
113          Section 5. Section 78B-15-808 is amended to read:
114          78B-15-808. Gestational agreement -- Miscellaneous provisions.
115          (1) A gestational agreement may provide for payment of consideration.
116          (2) A gestational agreement may not limit the right of the gestational mother to make
117     decisions to safeguard [her] the gestational mother's health or that of the embryo or fetus.
118          (3) After the issuance of an order under this part, subsequent marriage of the
119     gestational mother does not affect the validity of a gestational agreement, and [her husband's]
120     the gestational mother's spouse's consent to the agreement is not required, nor is [her husband]
121     the gestational mother's spouse a presumed [father] parent of the resulting child.
122          Section 6. Effective date.
123          This bill takes effect on May 1, 2024.