Politics

Utah Court Rules Gay Couples Can't Be Excluded From Surrogacy Contracts

The Utah Supreme Court found in favor of a gay couple attempting to enter into a surrogacy contract.

DRAKE BUSATH/ UTCOURTS.GOV

Earlier this month, the Utah Supreme Court ruled that a same-sex couples can't be excluded from entering into enforceable surrogacy contracts, and sent a case concerning a gay male couple back to trial court to approve their petition for a surrogacy arrangement.

As reported in Gay City News, the case concerns Utah's 2005 law on surrogacy, which was enacted prior to the legalization of same-sex marriage in the state. As a result, the content of the law is gendered, saying that surrogacy contracts should only be enforceable if the "intended mother" is unable to bear a child. When a gay couple approached District Judge Jeffrey C. Wilcox to enter into a surrogacy arrangement, he denied them, arguing that the state's law only concerned opposite sex couples.

"This opinion is an important contribution to the growing body of cases adopting a broad construction of the precedent created by Obergefell v. Hodges and the Supreme Court's subsequent decision in Pavan v. Smith," according to GCN. "It's also worth noting that same-sex couples in Utah now enjoy a right denied them here in New York, where compensated gestational surrogacy contracts remain illegal for all couples."

Read the full article here.

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Gay Dad Family Stories

This European Couple Became Dads Through a U.K.-Based Surrogacy Program

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Janno relocated to London earlier than Matthias, when he was 24, and his main reason for the move was his sexuality. "Although Estonia is considered one of the more progressive countries in Eastern Europe, when it comes to gay rights, it is still decades behind Western society in terms of tolerance," said Janno. "And things are not moving in the right direction." In 2016, same-sex civil union became legal, but the junior party in the current coalition government is seeking to repeal the same-sex partnership bill. "In addition," Janno continued, "they wish to include the definition of marriage as a union between a man and a woman in the country's constitution. Even today, there are people in Estonia who liken homosexuality to pedophilia, which is why I decided to start a new life in the UK, where I could finally be myself."

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A Gay Dad Asks: Is Destroying an Embryo Similar to Abortion?

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Expert Advice

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Lauren Mello of Circle Surrogacy breaks down some of the challenges facing the gay dad who will *not* become the biological parent.

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Change the World

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Fatherhood, the gay way

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