78B-15-801. Gestational agreement authorized. (1) A prospective gestational mother, her husband if she is married, a donor or the donors, and the intended parents may enter into a written agreement providing that: (a) the prospective gestational mother agrees to pregnancy by means of assisted reproduction; (b) the prospective gestational mother, her husband if she is […]
78B-15-802. Requirements of petition. (1) The intended parents and the prospective gestational mother may file a petition in the district tribunal to validate a gestational agreement. (2) A petition to validate a gestational agreement may not be maintained unless either the mother or intended parents have been residents of this state for at least 90 […]
Effective 5/12/2020 78B-15-803. Hearing to validate gestational agreement. (1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement. (2) The tribunal may issue an order under […]
78B-15-804. Inspection of records. The proceedings, records, and identities of the individuals to a gestational agreement under this part are subject to inspection under the confidentiality standards applicable to adoptions as provided under other laws of this state. Renumbered and Amended by Chapter 3, 2008 General Session
78B-15-805. Exclusive, continuing jurisdiction. Subject to the jurisdictional standards of Section 78B-13-201, the tribunal conducting a proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born to the gestational mother during the period governed by the agreement attains the age of 180 days. Renumbered […]
78B-15-806. Termination of gestational agreement. (1) After issuance of an order under this part, but before the prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband, or either of the intended parents may terminate the gestational agreement only by giving written notice of termination to all other parties. […]
78B-15-807. Parentage under validated gestational agreement. (1) Upon birth of a child to a gestational mother, the intended parents shall file notice with the tribunal that a child has been born to the gestational mother within 300 days after assisted reproduction. Thereupon, the tribunal shall issue an order: (a) confirming that the intended parents are […]
78B-15-808. Gestational agreement — Miscellaneous provisions. (1) A gestational agreement may provide for payment of consideration. (2) A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or that of the embryo or fetus. (3) After the issuance of an order under this part, subsequent marriage […]
78B-15-809. Effect of nonvalidated gestational agreement. (1) A gestational agreement, whether in a record or not, which is not validated by a tribunal is not enforceable. (2) If a birth results under a gestational agreement that is not judicially validated as provided in this part, the parent-child relationship is determined as provided in Part 2, […]
