Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 126 First Substitute (2024GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends requirements regarding a prospective gestational mother's spouse;
• amends the requirement that the intended parents be married for a gestational agreement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GESTATIONAL AGREEMENT REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to gestational agreements.
Highlighted Provisions:
This bill:
▸ amends requirements regarding a prospective gestational mother's spouse;
▸ amends the requirement that the intended parents be married for a gestational
agreement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-15-801
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-802
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-803
, as last amended by Laws of Utah 2020, Chapter 101
78B-15-806
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-808
, 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-15-801
 is amended to read:
78B-15-801.
Gestational agreement authorized.
(1) A prospective gestational mother, [
her husband
] 
the prospective gestational
mother's spouse
 if [
she
] 
the prospective gestational mother
 is married, a donor or the donors,
and the intended parents may enter into a written agreement providing that:
(a) the prospective gestational mother agrees to pregnancy by means of assisted
reproduction;
(b) the prospective gestational mother, [
her husband
] 
the prospective gestational
mother's spouse
 if [
she
] 
the prospective gestational mother
 is married, and the donors
relinquish all rights and duties as the parents of a child conceived through assisted
reproduction; and
(c) the intended parents become the parents of the child.
(2) The intended gestational mother may not currently be receiving Medicaid or any
other state assistance.
(3) The intended parents [
shall be married, and both spouses
] must be parties to the
gestational agreement.
(4) A gestational agreement is enforceable only if validated as provided in Section
78B-15-803
.
(5) A gestational agreement does not apply
:
(a)
 to the birth of a child conceived by means of sexual intercourse
;
 or
(b)
 if neither intended parent is a donor.
(6) The parties to a gestational agreement shall be 21 years [
of age
] 
old
 or older.
(7) The gestational mother's eggs may not be used in the assisted reproduction
procedure.
(8) If the gestational mother is married, [
her husband's
] 
the gestational mother's
spouse's
 sperm 
or eggs
 may not be used in the assisted reproduction procedure.
Section 2. Section 
78B-15-802
 is amended to read:
78B-15-802.
Requirements of petition.
(1) The intended parents and the prospective gestational mother may file a petition in
the district tribunal to validate a gestational agreement.
(2) A petition to validate a gestational agreement may not be maintained unless either
the mother or intended parents have been residents of this state for at least 90 days.
(3) The prospective gestational mother's [
husband
] 
spouse
, if [
she
] 
the prospective
gestational mother
 is married, must join in the petition.
(4) A copy of the gestational agreement must be attached to the petition.
Section 3. 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) 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;
(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 that affirms that all parties have
discussed options and consequences of the agreement; and
(ii) presented to the tribunal;
(d) all parties have voluntarily entered into the agreement and understand the
agreement's terms;
(e) the prospective gestational mother has had at least one pregnancy and delivery and
[
her
] 
the prospective gestational mother's
 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;
(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 all
reasonable health-care expense if the agreement is terminated;
(g) the consideration, if any, paid to the prospective gestational mother is reasonable;
(h) all the parties to the agreement are 21 years old or older;
(i) the gestational mother's eggs are not being used in the assisted reproduction
procedure; and
(j) if the gestational mother is married, [
her husband's sperm is
] 
the gestational
mother's spouse's sperm or eggs are
 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.
Section 4. Section 
78B-15-806
 is amended to read:
78B-15-806.
Termination of gestational agreement.
(1) After issuance of an order under this part, but before the prospective gestational
mother becomes pregnant by means of assisted reproduction, the prospective gestational
mother, [
her husband
] 
the prospective gestational mother's spouse
, or either of the intended
parents may terminate the gestational agreement only by giving written notice of termination to
all other parties.
(2) The tribunal for good cause shown also may terminate the gestational agreement.
(3) An individual who terminates an agreement shall file notice of the termination with
the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part. 
An individual who does not notify the tribunal of the termination of the agreement is subject to
appropriate sanctions.
(4) [
Neither a prospective gestational mother nor her husband, if any, is liable
] 
A
prospective gestational mother, or the prospective gestational mother's spouse if married, is not
liable
 to the intended parents for terminating an agreement pursuant to this section.
Section 5. Section 
78B-15-808
 is amended to read:
78B-15-808.
Gestational agreement -- Miscellaneous provisions.
(1) A gestational agreement may provide for payment of consideration.
(2) A gestational agreement may not limit the right of the gestational mother to make
decisions to safeguard [
her
] 
the gestational mother's
 health or that of the embryo or fetus.
(3) After the issuance of an order under this part, subsequent marriage of the
gestational mother does not affect the validity of a gestational agreement, and [
her husband's
]
the gestational mother's spouse's
 consent to the agreement is not required, nor is [
her husband
]
the gestational mother's spouse
 a presumed [
father
] 
parent
 of the resulting child.
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.