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Surrogacy Law in Utah

Utah specifically lets gestational surrogacy contracts happen, but it seems to not offer the same to same-sex couples.


Explanation: Surrogacy contracts are strictly controlled in Utah, and among the limitations on such contracts, the law necessitates the intended parents to be married to one another. The law also necessitates that at least one of the intended parents have a genetic relation to the child and that surrogacy contracts have to be validated by a court. It is the same in Texas.

There was a case in 2007 where the Supreme Court of Utah listened to a case of a couple of domestic partners. When these partners were together, they had wanted to have a child, and one of them was inseminated artificially. Gradually, the couple split up, and the partner who wasn’t genetically related to the child brought a lawsuit trying to get visitation rights. The Court found that the previous partner didn’t have any standing to get visitation because she wasn’t related genetically to the child. This case wasn’t even about how legitimate surrogacy agreements were, but it did show that Utah courts not likely to grant equal rights of the parents to LGBT couples and individuals. In Utah, a LGBT couple is not allowed to adopt a child, and they can’t adopt the child of their partner of the same-sex either.



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