Surrogacy in Utah: A Guide to Becoming a Surrogate or Finding a Surrogate

Many people living in Utah dream of becoming parents or growing their families. Some need help making that dream a reality. With the help of a gestational carrier — a compassionate mother willing to carry a child for someone else — this journey to parenthood can be deeply rewarding for all parties involved.

As a surrogacy-friendly state, Utah allows married couples, including same-sex couples, to grow their families through gestational surrogacy legally.

Whether you’re intended parents trying to find a surrogate in Utah or a mother considering becoming a surrogate in Utah, this guide will walk you through the surrogacy process, legal requirements, costs involved and how Joy of Life® can support you every step of the way.

Utah’s Legal Landscape for Surrogacy

Gestational Surrogacy Laws

Utah Code Ann. § 78B-15-801 legalizes gestational surrogacy for married intended parents in the State, and, in 2019, §78B-15-803 was challenged and then amended to clarify that couples in same-sex marriages also have the same surrogacy rights. This essentially means that married heterosexual couples can use their own eggs and sperm. They can also, like married same-sex couples, take the route of using an egg donor or a sperm donor to expand their family.

To protect their parental rights, intended parents must follow a structured legal process that includes these two key legal steps:

1. A pre-birth court filing: This pre-birth order needs to be filed in court to ensure that the gestational surrogacy agreement is validated and acknowledged by the court.
2. Birth certificate issuance: After the child’s birth, the court orders vital records to issue a birth certificate that lists the intended parents as the child’s legal parents.

A Note on Gestational Surrogacy vs Traditional Surrogacy

Gestational surrogacy is legally protected in Utah, whereas traditional surrogacy — where the surrogate mother uses her own egg — lacks the same legal protections.

Compensation and Agreements

A surrogacy contract is a vital legal document that defines the roles, rights and responsibilities of both the surrogate and the intended parents. This agreement forms the backbone of a safe and successful surrogacy journey by addressing key legal matters, including:

• Medical Authority: Clarifies that the surrogate retains autonomy over medical decisions during the pregnancy, while also outlining the intended parents’ role in medical choices related to the baby after birth.
• Financial Terms: Specifies compensation for the surrogate, as well as reimbursement for related expenses and other agreed-upon benefits.
• Parental Rights: Legally secures the intended parents’ rights through measures like pre-birth orders, ensuring a smooth legal transition once the baby is born.
• Selective Reduction and Termination Agreements: Establishes protocols for navigating sensitive situations, with both parties agreeing to terms in advance to avoid misunderstandings.
• Communication Guidelines: Sets expectations for how frequently and in what ways the surrogate and intended parents will stay in touch before, during and after the pregnancy.
• Post-Birth Arrangements: Details hospital protocols and post-delivery plans, including whether the surrogate and intended parents will maintain communication after the birth.

You’ll want to partner with a qualified attorney to ensure compliance with Utah laws and that all parties know their rights and limitations. At Joy of Life®, we work closely with experienced attorneys to craft personalized, legally secure agreements for each surrogacy arrangement. By addressing these critical elements, we ensure transparency, alignment and protection for everyone throughout the process.

Protections for All Parties

Utah surrogacy laws offer reliable legal protections for both surrogates and intended parents. This is where having professional legal representation shows its importance. Legal practitioners well versed in Utah surrogacy laws will ensure that all parties are fairly treated, that the entire process remains transparent and that ethics remain a priority throughout the process.

Finding a Surrogate in Utah

The Matching Process with Joy of Life®

At Joy of Life®, we specialize in pairing surrogates with intended parents based on their shared values, goals and compatibility. Surrogacy can feel overwhelming, but our agency is dedicated to simplifying the process and fostering a positive experience for all involved.

Our approach to surrogacy matching emphasizes understanding the unique needs and priorities of both surrogates and parents-to-be. We carefully consider several factors, such as:

• Communication Preferences: How frequently and through which methods both parties prefer to stay in contact throughout and after the pregnancy.
• Post-Birth Relationship: Establishing mutual expectations regarding contact and involvement after the child is born.
• Location: Evaluating proximity for travel logistics and ensuring compliance with surrogacy laws in the surrogate’s home state or country.
• Embryo Transfer Plans: Aligning on whether to transfer a single embryo or multiple, based on personal preferences and medical advice.
• Selective Reduction and Termination Views: Reaching agreement on sensitive decisions related to selective reduction and termination, minimizing the risk of future conflicts.
• Medical Preferences: Confirming that both parties feel comfortable with the intended parents’ healthcare providers and medical procedures.
• Personality Compatibility: Reviewing references and support systems to help both parties feel confident that the match is the right fit.

By prioritizing these elements, we build strong foundations of trust, ensuring a rewarding and supportive surrogacy journey for everyone involved.

The Embryo Transfer Procedure

Once screenings are successfully completed and contracts are signed, the embryo transfer marks the next major step in the process. This vital procedure involves placing a fertilized embryo into the surrogate’s uterus to promote pregnancy. Typically quick and painless, it is performed under the supervision of experienced fertility professionals. Here’s a breakdown of the procedure:

1. Preparation: The surrogate undergoes hormonal treatments (e.g., estrogen and progesterone) to create optimal conditions for implantation.
2. Transfer Process: A thin catheter is used to carefully guide the embryo into the uterus under ultrasound guidance. This minimizes discomfort while ensuring precision.
3. Duration: The entire procedure generally lasts 10 to 15 minutes and is completed in a fertility clinic without the need for anesthesia.
4. Aftercare: After resting briefly at the clinic, the surrogate can return home. Light activity is recommended, with strenuous exercise temporarily avoided to support implantation.

For intended parents, the embryo transfer is a moment of hope and anticipation. With the expertise of fertility specialists, every step is handled with care to foster a supportive and reassuring atmosphere.

Ongoing Care and Support Throughout the Journey

At Joy of Life®, we remain dedicated to providing comprehensive support for both surrogates and intended parents from start to finish. Our goal is to ensure that everyone feels fully supported, heard and valued throughout the pregnancy journey.

For surrogates, this means access to resources and emotional support as they navigate their unique experiences. For intended parents, we offer steady guidance and encouragement, helping them feel prepared and confident as they approach the birth of their child. We are committed to fostering a nurturing environment where everyone can thrive during this life-changing experience.

How to Become a Surrogate in Utah

Eligibility Requirements

To qualify as a gestational carrier, applicants must meet the following criteria:

• Residency: You must be a U.S. citizen or hold permanent residency status in Utah.
• Age Requirement: You must be at least 21 years old.
• Physical Health: Applicants must be in good physical condition, with no chronic health conditions that could complicate a pregnancy.
• Financial Stability: Candidates should be financially secure and not dependent on government aid programs such as Medicaid.
• BMI Requirement: Your Body Mass Index (BMI) should be under 30, to minimize pregnancy-related health risks.
• Stable Living Situation: You must have a consistent, supportive home environment.
• Previous Pregnancy Experience: Surrogates are required to have at least one healthy, full-term pregnancy with no major complications.
• Background Check: A clean criminal record is necessary to ensure the safety and well-being of everyone involved in the surrogacy process.

Meeting these criteria helps ensure that both the surrogate and the intended parents can embark on this journey with confidence and peace of mind.

The Screening and Matching Process

Once you meet the eligibility requirements, you’ll undergo a thorough screening and matching process designed to prioritize your safety, health and compatibility with intended parents. Here’s an overview of what to expect:

• Medical and Psychological Evaluations: You’ll complete a series of medical tests to confirm that you’re physically fit for surrogacy. Psychological assessments will also ensure you’re emotionally prepared for the responsibilities and experiences of being a surrogate.
• Background Checks and Interviews: To maintain a secure and ethical process, we conduct background checks on all applicants. You’ll also participate in interviews to share more about your personal goals, expectations and motivations for becoming a surrogate.
• Matching with Intended Parents: Once approved, you’ll be thoughtfully paired with intended parents based on factors such as values, communication preferences and shared expectations. This step is crucial in creating a trusting, respectful relationship that supports a smooth and fulfilling surrogacy journey for everyone involved.

Our goal at Joy of Life® is to make the entire process as seamless and transparent as possible. We believe that building strong, supportive connections between surrogates and intended parents is key to creating a positive experience for all parties.

Compensation for Surrogates

We believe that surrogates deserve fair and comprehensive compensation for the crucial role they play in helping families grow. Our surrogates in Utah receive a competitive compensation package that reflects their commitment, time and effort throughout the entire surrogacy journey. Compensation typically includes:

• Base Pay: This is the primary compensation for carrying the child and varies based on experience.
  • Experienced surrogates in Utah receive a base rate of $55,000.
  • First-time surrogates in Utah receive a base rate of $45,000.
• Allowances for Medical Procedures or Complications: Additional compensation is provided to cover specific medical procedures, as well as any unexpected complications that may arise during the pregnancy.
• Lost Wages: If you need to take time off work for pregnancy-related appointments or recovery, you will be reimbursed for lost wages.
• Medical Expenses and Insurance: All approved pregnancy-related medical expenses, including fertility treatments, prenatal care and hospital costs, are fully covered. Insurance coverage is also included to ensure peace of mind throughout the pregnancy.
• Travel Costs: Surrogates are reimbursed for travel expenses related to medical appointments, including transportation, lodging and meals if overnight stays are required.
• Legal Fees: The cost of legal representation to review and finalize your surrogacy agreement is fully covered.
• Maternity-Related Needs: Compensation is provided to support maternity-specific needs, such as clothing allowances for maternity wear.

In addition to the base compensation, surrogates will receive a minimum of $9,800 in bonus payments, awarded at key milestones and upon the successful completion of their surrogacy journey, along with a monthly allowance of $300/month for approximately 14 months.

Costs and Financial Considerations for Intended Parents

Entering into a surrogacy arrangement is a significant emotional and financial commitment. At Joy of Life®, we strive to provide clarity and transparency about the costs involved, so that intended parents can plan with confidence and peace of mind. Below, we outline the key financial aspects of the surrogacy process.

Understanding the Financial Breakdown

Surrogacy expenses vary depending on several factors, including location, medical needs and specific arrangements with the surrogate. While costs can differ, here are the primary categories that intended parents should be prepared for:

• Agency Fees: These fees cover the essential services provided by Joy of Life®, including surrogate screening, matching, administrative support and coordination throughout the journey. The agency acts as a guide and advocate for both surrogates and intended parents, ensuring the process runs smoothly.
• Insurance Coverage: Pregnancy-related medical care, including prenatal checkups, tests and labor/delivery, requires comprehensive insurance. In some cases, intended parents may need to secure additional or specialized insurance policies to cover surrogacy-specific medical costs.
• Legal Fees: Legal representation is vital to protect the rights of both the intended parents and the surrogate. Costs typically include drafting and reviewing the surrogacy contract, obtaining parentage orders and filing necessary court documentation to establish the intended parents’ legal rights to the child.
• Medical and IVF Costs: This includes the medical procedures necessary to achieve pregnancy, such as in vitro fertilization (IVF), embryo transfer and any required fertility treatments. These costs may vary based on the fertility clinic, medical protocols and the number of IVF attempts needed.
• Surrogate Compensation and Expenses: Intended parents are responsible for compensating the surrogate based on agreed-upon terms. Compensation includes the surrogate’s base pay as well as reimbursements for related expenses, such as maternity clothing, travel, lost wages and any medical needs beyond what insurance covers.

Insurance for Surrogacy

Insurance is a crucial aspect of financial planning for surrogacy. Ensuring that all medical expenses are covered helps to protect both the intended parents and the surrogate from unexpected financial burdens. Here are the key points to consider:

• Review Existing Insurance Plans: Some surrogates may have existing insurance plans that offer partial or full coverage for pregnancy-related medical care. However, many traditional health plans exclude coverage for surrogacy, making supplemental policies necessary.
• Supplemental Surrogacy Insurance: Intended parents can purchase surrogacy-specific insurance policies designed to cover medical procedures related to the pregnancy, including prenatal care and labor/delivery. These policies help minimize out-of-pocket costs for major medical events.
• Contingency Planning: Because surrogacy can involve unforeseen medical circumstances, it’s important to factor in additional costs for complications or emergencies. Having the right insurance coverage ensures that everyone involved is safeguarded in these situations.

The Surrogacy Journey in Utah

The surrogacy process can be both exciting and emotionally transformative for intended parents and surrogates alike. At Joy of Life®, we are dedicated to making this journey as smooth, secure and rewarding as possible by offering expert guidance, compassionate care and comprehensive support at every stage. Below is an overview of the key steps involved in a successful surrogacy journey in Utah.

Step-by-Step Overview

1. Consultation and Initial Assessment:
   The journey begins with a thorough consultation to understand your goals, concerns and specific needs. For intended parents, this includes discussing medical history, fertility options and family-building plans. Surrogates undergo similar assessments to ensure they meet eligibility requirements.
2. Matching with a Surrogate:
   Your chosen agency, such as Joy of Life®, works to match you with a surrogate who aligns with your values, goals and preferences. Compatibility is key, as establishing a strong, trusting relationship between both parties helps create a positive experience for everyone involved.
3. Legal Agreements and Medical Screenings:
   After matching, attorneys draft and finalize a surrogacy contract that outlines roles, responsibilities, compensation and expectations for all parties. Once the agreement is signed, the surrogate undergoes medical and psychological screenings to confirm her readiness for the surrogacy journey.
4. Embryo Transfer and Pregnancy:
   With the screenings complete, the medical team proceeds with the embryo transfer. This step, performed by fertility specialists, is a critical milestone. Once a successful pregnancy is confirmed, regular prenatal care and communication between the surrogate, intended parents and agency begin.
5. Ongoing Support Throughout Pregnancy:
   Throughout the pregnancy, both surrogates and intended parents receive ongoing support from their agency. This includes coordinating appointments, managing expenses and addressing emotional or logistical concerns. Regular updates keep intended parents informed, helping them stay engaged in the pregnancy process.
6. Birth and Legal Finalization of Parental Rights:
   When the baby is born, intended parents can typically be present to welcome their child into the world. Attorneys then work to finalize parental rights through a court-issued parentage order, ensuring the intended parents are legally recognized as the child’s guardians. Joy of Life® continues to offer support during this transition to help both surrogates and parents navigate the post-birth period.

The Role of Agencies and Attorneys

Agencies play a vital role in guiding both surrogates and intended parents through the complex and often emotional surrogacy process. At Joy of Life®, we handle all aspects of screening, matching and coordination. Our team works to ensure that communication between surrogates and intended parents is seamless, expectations are aligned and logistics are efficiently managed. This comprehensive support allows both parties to focus on building a positive, trusting relationship without being burdened by administrative concerns.

Attorneys are equally essential to the surrogacy journey. Their primary responsibility is to protect the rights of all parties involved. They draft detailed contracts that define every aspect of the arrangement, ensuring that both the surrogate and the intended parents fully understand and agree to the terms. In addition to drafting agreements, attorneys oversee court proceedings to finalize parental rights, ensuring legal compliance with Utah’s surrogacy laws. This legal expertise offers intended parents the peace of mind they need as they prepare to welcome their new child.

Why Choose Joy of Life® for Surrogacy in Utah?

Unmatched Support for Surrogates and Intended Parents

Joy of Life® provides unmatched support for both surrogates and intended parents. We offer compassionate and experienced guidance throughout the entire journey, ensuring a smooth and supportive experience. Our team prioritizes transparent communication and delivers personalized support tailored to each individual’s needs.

Proven Track Record of Success

With a proven track record of success, we have spent years helping families grow through surrogacy. Our strong relationships with medical and legal professionals allow us to navigate the process seamlessly, ensuring the best possible outcomes.

Commitment to a Personalized Experience

We are deeply committed to creating a personalized experience for every family. Our support is tailored to each unique journey, ensuring that every surrogate and intended parent feels valued and understood. Above all, we uphold an ethical and transparent approach to surrogacy, maintaining the highest standards of integrity and care.

Next Steps to Become a Surrogate

If you’re considering surrogacy in Utah, whether as an intended parent or a surrogate, Joy of Life® is here to guide you every step of the way. Contact us today to begin your journey toward building a family through surrogacy and becoming part of a vibrant and supportive community.