Utah

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, the Order would need to be domesticated and, as a precautionary measure, should meet local requirements as closely as possible (i.e. pre and post birth components).

The domestication process includes a 20 day waiting period, which can be stipulated/waived by the parties.  When making the referral to UT counsel, be sure to request the stipulation/waiver be prepared. 

Two (2) certified Orders should be provided to UT counsel for domestication proceedings. 

Total domestication costs are estimated to be $1,000.

Utah Vital Records Contact - Marie Aschliman (801) 538-6366

The birth record created by the hospital must be transmitted to Vital Records within 10 days of the birth and will list the Intended Parents’ names. Intended Parents should include their email address on the birth certificate worksheet. Once Vital Records receives the birth record, they will email the Intended Parents with the birth record to confirm the information is accurate. Following confirmation the information is correct, Vital Records will email the Intended Parents with instructions on how to order the birth certificate.

Birth Certificates

Timing - Varies by county, but the typical time frame is 5 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

Social security number

The social security number/card may be applied for at the hospital.

statutes / case law

Gestational Surrogacy is permitted by statute,  Utah Code Ann. § 78B-15-801.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. 

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  No venue requirement.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes, as long as the Intended Parents are married.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.