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The surrogacy contract (sometimes called a surrogacy agreement) is a binding legal document that guides the entire surrogacy process for intended parents and surrogates. It's one of the most important parts of the entire surrogacy journey.
Whether a surrogacy contract is enforceable depends on the resolution of a number of issues. First, courts must decide whether such a contract is void as against public policy or voidable by the birth mother. If the contract is enforceable, then the proper remedy for the breach of the agreement must be determined.
When it comes to the Western United States, Nevada, Colorado and Washington rank as the best. These three states have strong laws, which protect both intended parents and gestational carriers. And surrogacy insurance is readily available in Colorado, Washington and, especially, Nevada.
While your surrogate has many rights outlined in your contract, a gestational carrier cannot choose to keep the child because she won't have parental rights to the baby and won't be biologically related.
A surrogacy contract shall be binding and enforceable in Utah if it is in writing and signed by all parties. Either the intended parents or the surrogate must have resided in the state for a minimum of 90 days. The surrogate and intended parents must meet specific requirements and have independent legal counsel.
Surrogacy costs in Utah are between $100,000 to $210,000 on average. The costs of surrogacy range widely due to varying medical expenses at the fertility clinic, surrogacy expenses, legal fees, and other unexpected incidentals associated with the surrogacy process.
Utah. In Utah, gestational surrogacy is permitted by state statute. It permits gestational surrogacy for married intended parents. Intended parents file with a court to have their gestational surrogacy agreement validated pre-birth.
There are 3 US states that do not recognize gestational surrogacy, and surrogacy contracts are "illegal" in those states (women who live in Nebraska, Michigan and Louisiana are not able to apply to become surrogates at this time).
Because the surrogate in a traditional surrogacy is genetically related to the baby, she has an even stronger legal case to take custody of the child after it is born.