§ 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 married, and the donors relinquish 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 any other state assistance.

(3) The intended parents shall be married, and both spouses must be parties to the gestational agreement.

(4) A gestational agreement is enforceable only if validated as provided in Section 78B-15-803.

(5) A gestational agreement does not apply to the birth of a child conceived by means of sexual 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 the assisted reproduction procedure.

Renumbered and Amended by Chapter 3, 2008 General Session