Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 234 (2020GS)

Sponsor

Rep. Arent, P.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the Utah Supreme Court's decision in In re Gestational Agreement, 2019 UT 40, 449 P.3d 69;
• repeals a requirement that a party demonstrate certain medical evidence in order to obtain a valid gestational agreement from a tribunal; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GESTATIONAL AGREEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patrice M. Arent
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill addresses a hearing before a tribunal to validate a gestational agreement.
Highlighted Provisions:
This bill:
▸ addresses the Utah Supreme Court's decision in In re Gestational Agreement, 2019
UT 40, 449 P.3d 69;
▸ repeals a requirement that a party demonstrate certain medical evidence in order to
obtain a valid gestational agreement from a tribunal; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-15-803
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-15-803
 is amended to read:
78B-15-803.
Hearing to validate gestational agreement.
(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order
validating the gestational agreement and declaring that the intended parents will be the parents
of a child born during the term of the agreement.
(2) The tribunal may issue an order under Subsection (1) only on finding that:
(a) the residence requirements of Section 
78B-15-802
 have been satisfied and the
parties have submitted to 
the
 jurisdiction of the tribunal under the jurisdictional standards of
this part;
[
(b) medical evidence shows that the intended mother is unable to bear a child or is
unable to do so without unreasonable risk to her physical or mental health or to the unborn
child;
]
[
(c)
] 
(b)
 unless waived by the tribunal, a home study of the intended parents has been
conducted in accordance with Sections 
78B-6-128
 through 
78B-6-131
, and the intended
parents meet the standards of fitness applicable to adoptive parents;
[
(d)
] 
(c)
 all parties have participated in counseling with a licensed mental health
professional as evidenced by a certificate
:
(i)
 signed by the licensed mental health professional [
which
] 
that
 affirms that all parties
have discussed options and consequences of the agreement
;
 and
(ii)
 presented to the tribunal;
[
(e)
] 
(d)
 all parties have voluntarily entered into the agreement and understand [
its
] 
the
agreement's
 terms;
[
(f)
] 
(e)
 the prospective gestational mother has had at least one pregnancy and delivery
and her bearing another child will not pose an unreasonable health risk to the unborn child or to
the physical or mental health of the prospective gestational mother;
[
(g)
] 
(f)
 adequate provision has been made for all reasonable health-care expense
associated with the gestational agreement until the birth of the child, including responsibility
for [
those expenses
] 
all reasonable health-care expense
 if the agreement is terminated;
[
(h)
] 
(g)
 the consideration, if any, paid to the prospective gestational mother is
reasonable;
[
(i)
] 
(h)
 all the parties to the agreement are 21 years [
of age
] 
old
 or older;
[
(j)
] 
(i)
 the gestational mother's eggs are not being used in the assisted reproduction
procedure; and
[
(k)
] 
(j)
 if the gestational mother is married, her husband's sperm is not being used in
the assisted reproduction procedure.
(3) Whether to validate a gestational agreement is within the discretion of the tribunal,
subject only to review for abuse of discretion.