FAQs

The legal process for establishing your parental rights and terminating your surrogate’s rights will vary from state to state. Generally, the process involves collecting information from you, your surrogate, IVF physician, mental health professionals, and preparing legal documents to be filed with the court. Some states allow the parties to obtain a “pre-birth order”, which establishes your parental rights prior to the birth of your baby. Other states only allow the parties to obtain a “post-birth order”, which establishes your parental rights after the birth of your child. Utah law has a pre-birth and post-birth order process. Under Utah law, intended parents and their surrogate (and spouse if she is married) are required to demonstrate to the court that they meet specific statutory requirements in order to obtain their pre-birth order. This is called the Order Validating Gestational Agreement. This pre-birth order will declare your surrogacy agreement a valid and binding agreement between you and your surrogate under Utah law, and will declare you to be the parents of the child born by your surrogate, including the right to make medical decisions for your child following his or her birth.  After your child is delivered, we will notify the court that your surrogate has delivered your child. The court will then enter your post-birth order confirming your parental rights and requiring Utah’s Office of Vital Records and Statistics to register your baby’s birth certificate naming you as the parents. In Utah, pre-birth orders are generally entered within one to two weeks after your case is filed with the court, provided the parties meet all legal requirements. Post-birth orders are generally entered within two to ten days after the birth of your child.

Your surrogate will be legally presumed to be the parent of the child. Her name will appear on the child’s birth certificate as the child’s mother. In Utah, your surrogacy agreement with your surrogate will not be enforceable under Utah law and you may be ordered by the court to pay child support.

The legal process for establishing your parental rights and terminating your surrogate’s rights will vary from state to state. Generally, the process involves collecting information from you, your surrogate, IVF physician, mental health professionals, and preparing legal documents to be filed with the court. Some states allow the parties to obtain a “pre-birth order”, which establishes your parental rights prior to the birth of your baby. Other states only allow the parties to obtain a “post-birth order”, which establishes your parental rights after the birth of your child. Utah law has a pre-birth and post-birth order process. Under Utah law, intended parents and their surrogate (and spouse if she is married) are required to demonstrate to the court that they meet specific statutory requirements in order to obtain their pre-birth order. This is called the Order Validating Gestational Agreement. This pre-birth order will declare your surrogacy agreement a valid and binding agreement between you and your surrogate under Utah law, and will declare you to be the parents of the child born by your surrogate, including the right to make medical decisions for your child following his or her birth.  After your child is delivered, we will notify the court that your surrogate has delivered your child. The court will then enter your post-birth order confirming your parental rights and requiring Utah’s Office of Vital Records and Statistics to register your baby’s birth certificate naming you as the parents. In Utah, pre-birth orders are generally entered within one to two weeks after your case is filed with the court, provided the parties meet all legal requirements. Post-birth orders are generally entered within two to ten days after the birth of your child.

Your surrogate will be legally presumed to be the parent of the child. Her name will appear on the child’s birth certificate as the child’s mother. In Utah, your surrogacy agreement with your surrogate will not be enforceable under Utah law and you may be ordered by the court to pay child support.

In most cases, the parties are not required to appear in court.

Some states require all parties to have legal representation. Utah law does not. However, it is in your and your surrogate’s best interests to have independent attorneys represent you and your surrogate in the parentage proceedings.

The laws vary from state to state. Like Utah, most states allow both intended parents’ names to appear on the birth certificate. However, some states may initially allow only the name of one parent to appear on your child’s birth certificate. In those states, an amended birth certificate may be possible.

Generally, it takes about two to four weeks to obtain all of the information and documentation necessary for us to prepare and file your court paperwork to establish your parental rights. Once your case is filed with the court, it can take another one to two weeks for the court to enter your pre-birth order.

Utah’s surrogacy statute does not state when the parties should initiate the legal proceedings to validate their surrogacy agreement and establish the intended parents’ parental rights. However, since your surrogacy agreement is not enforceable until the court validates it, we recommend that the parties seek the validation of their surrogacy agreement prior to the first embryo transfer procedure. We also recognize that there are many factors to be weighed when deciding the right timing to seek the validation of your surrogacy agreement. We will work with you to develop a plan best suited for you based upon your personal circumstances.