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Surrogacy Law in Utah

Last updated August 24, 2026

Quick facts
  • Paid surrogacy: Legal
  • Parentage order: Pre-birth parentage order
  • Interstate compact state: Yes

Utah has a clear surrogacy law, but it's built specifically around married couples.

Yes, for married couples. Utah's law requires both spouses to be part of the , and a court has to approve the whole thing before the even happens. A 2019 court decision confirmed the law applies equally to same-sex married couples. Unmarried couples and single people aren't covered by this law at all.

Can a surrogate be paid?

Yes. Utah's law allows the surrogate to be paid, not just for costs.

Before that happens, the agreement has to be reviewed and approved by a court — this happens before the embryo transfer, not after.

Because the agreement is approved by a court before the pregnancy even starts, parentage flows directly from that approval — the are the legal parents once the process is followed, without a separate adoption step.

A few practical things to know

  • Married couples only: this law doesn't cover unmarried couples or single intended parents.
  • Court approval comes before the pregnancy, not after — an early and important step.
  • Genetic requirements: the surrogate can't use her own or her spouse's egg or sperm.
  • Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
  • Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Utah insurance guide linked below.

This page is here to help you learn the basics — it isn't legal advice. Utah's process depends a lot on marital status, so small details can change what applies to you.

Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Utah. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.


Statute & case citations
  • Utah Code §§ 78B-15-801–809 (Gestational Agreement)
  • In re Gestational Agreement, 2019 UT 40, 449 P.3d 69 (Utah 2019)
intended parentembryo transfergestational carrier agreementcompensation vs reimbursement
Insurance considerations for Utah →Find an attorney in Utah →

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