When you set out to explore a surrogacy arrangement in Draper, Utah, it requires some careful steps if you want to have a clear and binding agreement. It's always wise to work with an experienced gestational agreements lawyer so you can be certain you've met all the statutory conditions to validate your agreement. Binding Draper, Utah Surrogacy Agreements Age and Status Verification Everyone involved must be at least 21 years old, the intended parents must be married to each other, and both of them must sign as parties. The prospective gestational mother cannot be receiving Medicaid or any other state assistance at the time she enters the agreement. Either the prospective gestational mother or the intended parents must have lived in Utah for at least ninety days for the agreement to be valid in our state. If the gestational mother is married, her spouse must join the petition, and her own eggs cannot be used in the assisted-reproduction procedure, nor can her spouse's sperm or eggs be used. The agreement itself must state that she agrees to become pregnant by assisted reproduction, that she and any spouse or donors relinquish all parental rights and duties, and that the intended parents are to become the parents of the child. Documentation The prospective gestational mother must already have completed at least one pregnancy and delivery, and you'll need to show proof that counseling has been arranged for every party with a licensed mental-health professional. That professional must later sign a certificate confirming the sessions covered the options and consequences of the agreement. Unless the tribunal later waives it, the intended parents also have to complete a home study that follows the same fitness standards used for adoptive placements. Finally, you'll need to arrange medical evidence showing that another pregnancy will not create an unreasonable risk to the gestational mother's physical or mental health or to the unborn child. Compensation and Decision-Making The agreement must thoroughly cover the issue of compensation, if any, and expect the court to confirm that the amount is reasonable. Utah Code 81-5-808 permits payment of consideration, and it also expressly protects the gestational mother's right to make all health-related decisions for herself and the embryo or fetus. The agreement has to also allocate responsibility for all reasonable health-care expenses through birth and must address what happens if the arrangement should end before pregnancy. After the Agreement Is Air-Tight Once you and your lawyers are sure the agreement is what you want and follows Utah law, there's a hearing. At this hearing, the judge must find that all the above requirements have been met. If they have been, the judge will issue an order that validates the agreement, and without that validation order, the agreement is unenforceable. Talk to a Gestational Agreements Lawyer Without a strong agreement in place, what should be a wonderful experience can become a nightmare of confusion, expense, and court battles. Whether you're a prospective parent or a prospective gestational mother, you need your own lawyer on you r side to work with the other party's lawyer to ensure everyone is protected and all laws are followed. Call us today at Coulter ▪ Tateoka at 801-938-8402 for help. We serve clients throughout Utah and the West.
