78B-15-801 - Gestational agreement authorized.
78B-15-801. Gestational agreement authorized.
(1) A prospective gestational mother, her husband if she is married, a donor or thedonors, and the intended parents may enter into a written agreement providing that:
(a) the prospective gestational mother agrees to pregnancy by means of assistedreproduction;
(b) the prospective gestational mother, her husband if she is married, and the donorsrelinquish all rights and duties as the parents of a child conceived through assisted reproduction;and
(c) the intended parents become the parents of the child.
(2) The intended gestational mother may not currently be receiving Medicaid or anyother state assistance.
(3) The intended parents shall be married, and both spouses must be parties to thegestational agreement.
(4) A gestational agreement is enforceable only if validated as provided in Section78B-15-803.
(5) A gestational agreement does not apply to the birth of a child conceived by means ofsexual intercourse or if neither intended parent is a donor.
(6) The parties to a gestational agreement shall be 21 years of age or older.
(7) The gestational mother's eggs may not be used in the assisted reproduction procedure.
(8) If the gestational mother is married, her husband's sperm may not be used in theassisted reproduction procedure.
Renumbered and Amended by Chapter 3, 2008 General Session