Estate Planning for Blended Families in Utah

Gestational surrogacy is a way for Draper, Utah parents who aren't able to have a child on their own to offer a loving home to a child and pass on their legacy. State law considers this a legal arrangement, however, so it's always best to have a gestational surrogacy lawyer put together your forms, check everything, and advise you on every step. Legal Steps for Your Gestational Surrogacy Lawyer in Draper, Utah A woman who is not using her own eggs, and who agrees to become pregnant by assisted reproduction, is having a gestational pregnancy. This means she and any spouse or donors must give up all parental rights and duties towards the resulting child. The intended parents become the child's only legal parents. Here are some of the key legal requirements to these agreements: The woman who will carry the child may not be receiving Medicaid or other state assistance when the agreement is made The intended parents must be married to each other, and both must sign the agreement Every party must be at least twenty-one years old The carrier's own eggs may not be used If the carrier is married, her spouse's sperm or eggs may not be used Gestational surrogacy statutes don't apply to a child conceived by sexual intercourse or if neither intended parent contributed egg or sperm Either the carrier or the intended parents must have lived in Utah for at least ninety days If the carrier is married, her spouse must join the petition Hearing Once you've filed your surrogacy petition, the court will order a hearing. At the hearing, the court may issue an order that validates the agreement and declares that the intended parents will be the parents of any child born under it. The court may do this only after a home study of the intended parents has been completed (unless the court waives it), the intended parents are shown to have met the fitness standards for adoptive parents, and every party has completed counseling. Terminating the Agreement After the court issues its validation order, but before the carrier becomes pregnant, the carrier, her spouse, or either intended parent can terminate the agreement simply by giving written notice to everyone else. The court itself may also choose to terminate the agreement, if there is good cause. Whoever ends the agreement must file notice with the court, which will then vacate its earlier order. If the carrier or her spouse chooses to end the agreement at this point, before conception, then they aren't liable to the intended parents. After Birth Once the child is born, the intended parents must file notice with the same court that issued the validation order, and this needs to be done within three hundred days. The court then issues an order confirming that the intended parents are the parents, officially directing that the child be surrendered to them, and instructing the Office of Vital Records and Statistics to issue a birth certificate that names the intended parents. These agreements are legally binding and require many steps. Talk to us today at Coulter & Tateoka in Draper to book an appointment and talk over your situation. Our focus is making sure your parental rights are protected.

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.

Should a power of attorney be part of your estate plan? In most cases, yes, and having a conversation with a local Draper, Utah power of attorney lawyer can help you understand exactly how this document can protect you, your estate, and your family. What a Power of Attorney Does You might think of your entire estate plan as something that only comes into play at your death. A power of attorney is something that can become valid while you're still alive, yet it's key to your estate plan. It names someone you trust, known as your agent, to handle decisions for you if you cannot speak for yourself. If you should be legally incapacitated for whatever reason (often because of accident or illness), your family would face a court process just to get the authority they need to pay your bills, finish a real estate sale you were in the middle of, or even talk to your doctors. That process takes time, costs money, and puts a judge in charge of choices for you. Financial Power of Attorney The agent you name with this power can manage your bank accounts, pay taxes, handle real estate, or deal with insurance. To consider how important this is, just think about your ordinary week. Mortgage payments come due. Property taxes arrive. Investment accounts need attention. Medical bills show up. If an accident or sudden illness leaves you unable to sign a check or talk to a bank, those obligations don't stop, and even if your spouse or adult child knows what you would want, they often can't do any of it without written authority. Medical Power of Attorney This person can make medical decisions for you when you're no longer able to make them yourself. Many people assume they can wait until health problems appear to set this up, but capacity is the problem with that plan. Once a doctor or court decides you can no longer understand a document, you lose the legal ability to create one. To have a say in your medical treatment and make sure it actually follows your wishes, your family may have to petition the court, gather medical evidence, notify relatives, and attend hearings. Meanwhile, the doctor or hospital will just do what they want. Creating the documents while you are healthy lets you avoid all of that. Setting Limits With a power of attorney, you can give broad authority or restrict it to specific tasks. You can name successor agents in case the first choice cannot serve. You can require the agent to report to other family members. In short, you stay in control. Working with a lawyer is the smart play here, because online forms are very limited and may not even follow Utah law. It's important that you be able to write your POA's authority precisely as you want it and know your directions will be accepted under the law. Talk to a Draper, Utah Power of Attorney Lawyer Visit us today at Coulter ▪ Tateoka in Draper, UT to schedule a consultation on your estate. Access experienced help from attorneys familiar with Utah law, who have been helping families in our area protect their legacy for generations.