A solid surrogacy contract in Utah is the most important step in protecting your rights and your future family. By establishing this legal framework early on, you can clear away the stress of uncertainty and focus on the joy of the journey ahead.
This guide explores the essential legal protections available to you, helping all parties understand their rights from the start.
What if you could start this process knowing every legal detail was already handled? You can get more free information or talk to a specialist right now by calling 1-800-875-2229, texting 913-204-0224, or filling out our online contact form.
What Should Be Included in a Surrogacy Contract?
Think of a gestational carrier agreement (GCA) as the official roadmap for your journey. Understanding surrogacy contract basics matters because this document sets the boundaries and responsibilities for everyone involved.
When deciding what should be included in a surrogacy contract, focus on these core areas:
- Fair Surrogacy Compensation: This section lists the base pay and how the payment structure options work.
- Escrow Account Requirements: Using a third-party account keeps the money part of the journey professional and protected.
- Medical Rights: The contract defines medical records access rights and how the medication approval process works.
- Daily Life and Health: Agreements often include travel restrictions during surrogacy, diet restrictions surrogacy, and exercise restrictions during surrogacy to support a healthy pregnancy.
- Sensitive Clauses: These address termination for medical reasons, abortion decisions in contracts, and selective reduction agreements.
- Birth Plans: This spells out delivery room presence rights, the pumping agreement contract, and recovery time compensation.
Legal Clearance: The Final Step Before Transfer
The legal clearance process is the definitive "green light" required before any medical procedures, like an embryo transfer, can begin.
In Utah, this stage is not just a formality; it is a strict statutory requirement to ensure all parties are protected and that the intended parents’ rights are secure before a pregnancy occurs.
To move from a signed contract to medical clearance, you will navigate these specific steps:
Both the intended parents and the prospective surrogate must have their own independent legal counsel to ensure understanding surrogacy contract basics and fair representation. The intended parents’ attorney creates the initial gestational carrier agreement (GCA), outlining everything from fair surrogacy compensation to medical protocols. The surrogate’s attorney reviews the draft with her to ensure she understands her rights, including medical records access rights and recovery time compensation. Attorneys for both sides negotiate specific clauses, such as travel restrictions during surrogacy or abortion decisions in contracts, until a final version is approved by everyone. Once the final draft is ready, all parties sign the document in the presence of a notary. In Utah, your legal team must file a petition to have the contract validated by a judge before the embryo transfer. This "Order Validating Gestational Agreement" makes the contract legally binding and establishes parentage. After the court validates the agreement, both attorneys send official legal clearance letters to the fertility clinic, authorizing the medical team to schedule the transfer.
Can Surrogacy Contracts Be Enforced in Utah?
Yes, surrogacy contracts can be enforced in Utah if they follow specific state rules. Under Utah Code § 78B-15-801, a surrogacy contract is recognized by law if it is validated by a court.
To be enforceable, the agreement must be in writing and signed by the intended parents, the surrogate, and her spouse (if applicable).
Utah law also requires the surrogate to be at least 21 and have given birth at least once before. If these legal standards are met, the intended parents are recognized as the legal parents immediately upon birth.
What happens if a surrogacy contract is breached?
A breach of surrogacy contract happens if someone doesn't follow the rules—like if a surrogate ignores travel limits or parents miss a payment.
Breach of surrogacy contract consequences usually involve financial penalties or contract disputes mediation to fix the problem.
Keep in mind that unenforceable contract terms might be tossed out by a judge if they violate fundamental rights.
Fair Surrogacy Compensation in Utah and Payment Structure
Figuring out fair surrogate pay is a collaborative process between the surrogate, the parents, and their lawyers. Most payment structure options include a base fee paid in monthly installments, plus extra for things like medical procedures or travel.
We always require a third-party escrow account. This ensures the surrogate is paid on time and the parents' investment is protected by a neutral party.
Medical Decisions and Control During Pregnancy
Your contract needs to be very clear about how medical decisions are handled. This includes everything from choosing the OB doctor for surrogacy to the medication approval process.
While the parents have a say in the baby's health, the surrogate maintains the legal right to make decisions about her own body and medical care.
Termination and selective reduction clauses
These are the hardest conversations, but they are necessary for a secure journey. In Utah, the surrogate’s right to make medical decisions is protected.
However, the contract allows you to agree on specific medical situations where termination for medical reasons or selective reduction agreements would be considered.
Lifestyle Clauses: Travel, Diet, and Daily Life Considerations
Lifestyle clauses exist to provide the healthiest environment for the baby. This might mean setting travel restrictions during surrogacy, diet restrictions during surrogacy, or exercise restrictions during surrogacy.
These are part of surrogacy contracts to make sure everyone is aligned on health expectations.
Delivery Plans and Post-Birth Expectations
The contract helps plan the delivery day so everyone feels comfortable when it’s time to head to the hospital. You'll decide on:
- Delivery room presence rights for the parents.
- The surrogate’s postpartum recovery and recovery time compensation.
- Details for a pumping agreement contract if the surrogate wants to provide milk after the birth.
Insurance Requirements for Surrogacy Journeys
Insurance is a non-negotiable part of the legal setup. The contract will list life insurance requirements and disability insurance coverage to protect the surrogate and her family.
It also confirms that surrogate friendly insurance is ready to cover the pregnancy and birth costs.
Agency vs. Independent Surrogacy: Legal and Emotional Considerations
While you could try an independent surrogacy contract, working with an agency adds layers of protection.
We screen everyone before the contract is even written to lower the chance of a breach. If a contract dispute pops up, our specialists help solve it so your relationship stays intact. We can connect you with experienced Utah attorneys who know the legal clearance process inside and out.
Ensure Your Utah Surrogacy Contract Covers Every Detail
A good contract is the foundation that lets you actually enjoy the surrogacy journey. When you handle the details now—from compensation to the birth plan—you can move forward with confidence.
Our team is here to answer your questions about the legal process and can recommend reputable attorneys in your state. Call us at 1-800-875-2229 or get started online today.