What is a Gestational Agreement?
These agreements allow for couples who otherwise cannot have their own children to have a family. It is an alternative to adoption and other reproductive methods for having and conceiving children. The assistance of a third party, known as a gestational mother or carrier is used to conceive and deliver the baby. The only relationship between the gestational mother and the child is that of carrier. The gestational mother’s eggs are not used. If the gestational mother is married her husband’s sperm may not be used. The child must be conceived by means of assisted reproduction. The gestational mother and if married her husband and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction and the intended parents must become the parents of the child.
The intended parents must be married and the parties must be at least 21 years of age. A child conceived not by assisted reproduction but by means of sexual intercourse does not apply to a gestational agreement.
How to Create a Gestational Agreement
The parties to the agreement may file a petition to validate the agreement with the district court. Either the gestational mother or the intended parents must have been a resident of the state of Utah for at least 90 days prior. The gestational mother’s husband, if she is married, must join the petition and a copy of the agreement must accompany the petition.
Considering a Gestational Agreement?
If you cannot have children on your own and do not want to adopt, this could be a viable option for you. At the law firm of Utah Divorce Hotline we recommend that you contact our reliable and trustworthy attorneys to help you in filing a petition with the court and in drafting up the gestational agreement. We will help you get through this process as quickly and efficiently as possible. We will also make sure that all of your rights and privileges, as well as those of the unborn child are protected. Call us at 801.618.1331 to begin the process.