Surrogacy in Utah: Laws, Costs and How to Start

Surrogacy in Utah can be a wonderful path for families who need help growing. The state recognizes gestational surrogacy, but it has stricter rules than some other places. Intended parents must understand the legal framework, the costs, and how the process works before getting started.

In this guide, we’ll explain everything you need to know about surrogacy in Utah. You’ll learn about the laws and why court approval is required, the role of a Utah surrogacy attorney, who can become a surrogate, how much surrogacy costs with insurance, the step-by-step process, and what to look for in a surrogacy agency. We’ll also answer common questions and share how Surrogacy by Faith supports families in Utah and across the United States.

Is Surrogacy Legal in Utah?

Surrogacy Laws in Utah

Surrogacy is legal in Utah, but it follows a carefully defined legal structure. The state only recognizes gestational surrogacy, where the surrogate carries a child conceived through in vitro fertilization (IVF) using the eggs and sperm of the intended parents or donors. This means the surrogate has no genetic connection to the baby. Traditional surrogacy, where the surrogate uses her own egg, is not enforceable under Utah law.

What makes Utah unique is that the law requires court validation of the surrogacy contract before any embryo transfer can occur. This validation process is not just a formality, it is a safeguard. The judge reviews the agreement to make sure it complies with state law and that both the surrogate and the intended parents understand their rights and responsibilities. While this step adds time and structure compared to more flexible states, it creates stronger protections and reduces the risk of disputes later.

Another important factor is that Utah places restrictions on who can be intended parents. In most cases, married couples are eligible to pursue surrogacy in Utah, while single individuals and some unmarried couples may face barriers. Courts examine these criteria closely before approving the contract. Because of these rules, navigating the process without legal representation is nearly impossible.

Overall, Utah’s laws are designed to protect all parties. They ensure that everyone enters into the agreement with full consent and clarity, which helps create a smoother journey once the pregnancy begins.

Role of a Utah Surrogacy Attorney

A Utah surrogacy attorney plays a critical role at every step. They are responsible for drafting and filing the surrogacy contract, presenting it to the court, and guiding families through the validation process. Without this approval, the surrogacy cannot proceed legally.

Attorneys also make sure the agreement is balanced and fair. They confirm that the surrogate’s rights are respected and that her medical needs, expenses, and compensation are properly addressed. At the same time, they protect the intended parents by ensuring that their parental rights are secured from the start.

This legal framework is especially important when it comes to establishing parentage. Once the baby is born, the court-approved surrogacy contracts ensure that the intended parents’ names appear on the birth certificate and that there are no custody disputes. This provides legal certainty and emotional peace of mind at a moment that should be joyful for everyone involved.

Because Utah surrogacy laws are detailed and specific, working with a licensed attorney is not optional but a requirement. Families benefit from having a legal expert who understands both the letter of the law and the practical realities of surrogacy in the state.

Who Can Become a Surrogate in Utah?

Basic Requirements

In Utah, not everyone is eligible to become a surrogate. The state sets clear standards to make sure the journey is safe for both the surrogate and the intended parents. These rules also help ensure that the future child will be carried in the healthiest conditions possible. To qualify, a surrogate must:

• Be between the ages of 21 and 40. This age range lowers medical risks for both the surrogate and the baby.

• Have had at least one healthy pregnancy with no major complications. Past experience with pregnancy shows she can safely carry again.

• Be in good physical and mental health. Surrogates must be medically cleared and free from serious health conditions.

• Live a stable lifestyle with no history of substance abuse. A safe and supportive environment is essential for a healthy pregnancy.

These surrogate requirements may seem strict, but they are meant to create a foundation of safety and stability before the process begins.

Medical and Legal Screening

Meeting the basic requirements is only the first step. Every surrogate in Utah must go through a detailed screening process before being approved. This involves several stages:

1. Medical evaluations at a fertility clinic : Doctors review the surrogate’s reproductive health and perform exams to confirm that she can undergo IVF and carry a pregnancy safely.

2. Psychological screening : A mental health professional meets with the surrogate to make sure she is emotionally ready for the responsibilities of surrogacy. This step helps prevent future challenges and ensures she has the resilience to manage the journey.

3. Legal review and court approval : Contracts must be drafted, reviewed by attorneys on both sides, and then validated by a Utah court before embryo transfer. This provides legal clarity and protects everyone’s rights from the very start.

By completing these steps, the surrogate and the intended parents begin their journey on a strong, secure foundation. It ensures that everyone involved is prepared, supported, and protected before moving forward with IVF and pregnancy.

Who Can Become an Intended Parent in Utah?

Just as surrogates must meet eligibility standards, Utah also places requirements on who can become intended parents. These rules are part of the state’s effort to make sure surrogacy contracts are clear, enforceable, and in the best interests of the child. Because Utah law requires court approval before embryo transfer, judges review the intended parents’ situation before validating a contract.

To qualify as intended parents in Utah, you must generally:

• Be married : Utah law typically requires that surrogacy contracts be entered into by a married couple. Single intended parents and unmarried couples often face barriers under current regulations.

• Meet age and capacity requirements :  Intended parents must be legal adults and demonstrate that they are capable of fulfilling the responsibilities of parenthood.

• Demonstrate commitment and stability :  Courts want to ensure that intended parents are financially and emotionally prepared to welcome a child into their family.

• Work with a licensed attorney : Because Utah law is detailed and restrictive, intended parents must have legal representation to draft and validate the surrogacy contract.

These requirements may feel more formal than in some other states, but they are designed to protect the surrogate, the child, and the intended parents themselves. With the right legal and agency support, families who meet Utah’s criteria can move forward with confidence.

How Much Does Surrogacy Cost with Insurance in Utah?

Average Costs in Utah

Surrogacy is a life-changing experience, but it is also a major financial commitment. In Utah, the total cost of a surrogacy journey typically ranges from $100,000 to $150,000. This figure is similar to national averages, though the exact number depends on many factors, including medical needs, insurance coverage, and agency involvement.

These costs cover a wide range of services and protections that make surrogacy possible. Typical expenses include:

• Surrogate compensation, which acknowledges the surrogate’s time, physical commitment, and emotional investment in carrying a child for someone else.

• Medical procedures, including IVF cycles, embryo transfer, ultrasounds, prenatal care, delivery, and any necessary medications.

• Legal fees, such as drafting contracts, representing both parties, and securing the mandatory court approval.

• Agency services, which may involve recruiting and screening surrogates, facilitating matches, coordinating medical and legal steps, and providing ongoing emotional support.

• Additional costs, such as maternity clothing allowances, travel for medical appointments, or coverage for lost wages if the surrogate needs time off work.

Every surrogacy journey is unique, and families may see costs rise if additional IVF cycles are needed or if unexpected medical issues arise. On the other hand, insurance coverage can sometimes reduce the total expense significantly.

Insurance and Surrogacy Costs

Insurance is one of the most important factors in determining how much surrogacy ultimately costs in Utah. Policies vary widely, and even small differences in coverage can lead to major changes in the overall budget.

• Exclusions are common. Many insurance companies explicitly exclude pregnancies carried by a surrogate. In these cases, intended parents must cover most of the medical bills themselves.

• Partial coverage is possible. Some policies provide benefits for prenatal appointments, labor and delivery, or newborn care immediately after birth. These partial inclusions can lower costs, but they rarely cover everything.

• Hidden gaps in coverage. Even when insurance appears to include maternity care, it may exclude coverage if the pregnancy is for someone other than the insured. Intended parents should always confirm the details in writing.

• Out-of-pocket expenses. Surrogate compensation, legal representation, and agency fees are almost never covered by insurance and should be factored into the budget from the start.

Because the differences between policies can be so significant, families are strongly encouraged to work closely with both their agency and a Utah surrogacy attorney when reviewing insurance. Understanding in advance what will and will not be covered helps prevent financial surprises and ensures that everyone begins the journey with clear expectations.

The Surrogacy Process in Utah

Surrogacy in Utah follows a structured path that balances medical care with legal protections. While every journey is unique, most intended parents and surrogates move through the same major steps, each of which plays a crucial role in ensuring that the process is safe, transparent, and legally secure.

1. Matching and Screening

The journey begins with finding the right surrogate. Agencies help intended parents connect with candidates who meet all the legal and medical requirements. Once a potential match is identified, both sides undergo detailed medical and psychological screenings. These evaluations confirm that the surrogate can safely carry a pregnancy and that she is emotionally ready for the commitment. For intended parents, this stage brings reassurance that the person carrying their child is fully prepared and supported.

2. Contract and Court Approval

Once a match is confirmed, attorneys for both the surrogate and the intended parents draft a surrogacy agreement. This contract outlines responsibilities, compensation, medical decisions, and what will happen in case of unexpected situations.

In Utah, the law requires that this agreement be reviewed and validated by a court before any embryo transfer can occur. The judge ensures that the contract meets state requirements and that all parties have given informed consent. This step adds time to the process, but it provides strong legal protection for everyone involved.

3. Embryo Transfer and Pregnancy

After court approval, the medical process and embryo transfer can begin. Fertility specialists perform in vitro fertilization (IVF), using either the intended parents’ or donors’ genetic material to create embryos. One or more embryos are then transferred to the surrogate’s uterus. If the transfer is successful, the surrogate begins regular prenatal care with her doctor, just like in any other pregnancy. Throughout this stage, the agency coordinates appointments, ensures emotional support, and helps manage communication between the surrogate and the intended parents.

4. Birth and Establishing Parenthood

When the baby is born, the legal groundwork completed earlier makes parentage clear and secure. Because the court has already validated the surrogacy agreement, the intended parents’ names are placed directly on the birth certificate, and custody is immediately recognized. This avoids the uncertainty or disputes that can occur in states with less structured laws. For both intended parents and the surrogate, this step provides peace of mind and allows everyone to focus on celebrating the arrival of the child.

What to Look for in a Surrogacy Agency in Utah

Selecting a surrogacy agency is one of the biggest choices intended parents will make. The agency serves as a guide throughout the entire journey, from the first consultation to the birth of the child. A good agency does more than facilitate a match; it acts as a partner, offering emotional support, helping families navigate Utah’s specific legal requirements, and ensuring that surrogates are cared for every step of the way. Because Utah requires court approval of contracts, working with an agency that understands these details is especially important.

When evaluating a surrogacy agency in Utah, intended parents should consider the following:

• Experience with Utah surrogacy laws :  Agencies must be familiar with the court validation process and have strong working relationships with Utah attorneys who can handle the necessary filings. An agency that understands these requirements can save time and prevent costly mistakes.

• Transparency in costs : Surrogacy involves many expenses, and a reliable agency will provide a clear breakdown of fees. Families should expect upfront explanations of what is included in agency services, what is covered by insurance, and what additional expenses may arise. Honest communication about money helps families prepare without surprises.

• Comprehensive support : The surrogacy journey can be both exciting and overwhelming. Agencies that offer counseling, emotional support, and regular updates make the process smoother. This kind of support is equally important for surrogates, who deserve guidance and care throughout the pregnancy.

• Strong partnerships with professionals :  An established agency should have trusted connections with fertility clinics, psychologists, and legal experts. These relationships allow the process to move forward more efficiently and give intended parents confidence that every stage is handled by experienced professionals.

• Focus on ethics and respect : Families should seek out agencies that value ethical practices, fair treatment of surrogates, and open communication. An agency that prioritizes respect and compassion helps create a more positive and trusting experience for everyone involved.

Choosing an agency with these qualities can make the difference between a stressful journey and one that feels well-supported. For intended parents, it provides reassurance that their interests and rights are protected. For surrogates, it ensures that their health, comfort, and commitment are respected throughout the process.

FAQs About Surrogacy in Utah

Do you need to live in Utah to pursue surrogacy there?

No. Intended parents do not need to live in Utah to begin a surrogacy journey there. Many families from outside the state, and even from outside the U.S., choose Utah because the laws provide strong protections once contracts are validated. What matters most is meeting the state’s eligibility rules and working with an attorney licensed in Utah.

What type of surrogacy is allowed in Utah?

Utah law only recognizes gestational surrogacy, which means that while other types of surrogacy exist, such as traditional surrogacy, they are not legally enforceable in the state.

In gestational surrogacy, the surrogate has no genetic connection to the baby, as the embryo is created using the intended parents’ or donors’ egg and sperm. Traditional surrogacy, where the surrogate’s own egg is used, is not enforceable in Utah.

How long does the court approval process usually take?

Court approval refers to the legal validation of the surrogacy contract. This must happen before the embryo transfer. The timeline can vary depending on the court’s schedule, the completeness of the paperwork, and the attorneys involved, but families should expect several weeks for this step. Planning ahead with an experienced attorney helps avoid delays.

Can international intended parents pursue surrogacy in Utah?

Yes. International intended parents are eligible to pursue gestational surrogacy in Utah under the same laws as U.S. residents. However, they may face additional steps, such as immigration procedures for the baby and coordination with international legal systems. Because of these complexities, it is especially important for international families to work with both a Utah surrogacy attorney and legal professionals in their home country.

What types of expenses are typically not covered by insurance in Utah?

Even when insurance covers some medical expenses, there are always costs that fall outside of coverage. In Utah, insurance typically does not cover:

• Surrogate compensation.

• Legal fees for contracts and court approval.

• Agency services such as matching and coordination.

• Fertility treatments like IVF cycles or embryo creation.

• Additional costs such as travel for appointments, maternity clothing, or lost wages if the surrogate cannot work during pregnancy.

Intended parents should plan for these out-of-pocket expenses when budgeting for their journey.

Why Work with Surrogacy by Faith

Surrogacy by Faith is more than an agency, it is a compassionate partner for families and surrogates walking through one of life’s most meaningful journeys. While Utah has its own legal requirements and procedures, Surrogacy by Faith works with intended parents and surrogates nationwide, including in Utah, to make sure the process feels supported at every step.

Families in Utah can rely on Surrogacy by Faith for:

• Ethical and faith-based values. Every journey is approached with integrity, transparency, and respect for both intended parents and surrogates.

• Personalized guidance. From the first consultation to the birth of your child, the team offers individualized support tailored to your needs.

• Nationwide expertise. Whether you live in Utah or elsewhere, you can benefit from the agency’s experience with laws, medical procedures, and emotional support systems across the U.S.

• A trusted environment. Both surrogates and intended parents are cared for with compassion, creating a safe space for everyone involved.

Utah is considered one of the surrogacy friendly states, which makes it a strong choice for families starting this path. With Surrogacy by Faith, you’ll have the reassurance of working with an agency that combines professionalism with heartfelt care.

For intended parents considering surrogacy, the best way to start the journey is by exploring the intended parent application process. Women interested in becoming surrogates can learn more about the steps involved by reviewing the surrogate mother application process.