Surrogacy in the United States can be a complicated matter. Each state has different laws and perceptions on surrogacy, which often leads to misunderstandings in surrogacy agreements or obstacles for intended parents trying to build their families. A recent issue this year in Utah has the state’s Supreme Court challenged by intended parents who were denied the chance at having a child via surrogacy last year. State law in Utah worked against this couple, sadly delaying their dream to have children. This surrogate battle is a reminder that California, one of the most accepting states regarding surrogacy, stands at the forefront for equality.
Utah Couple Denied Chance at Family
An article published by Fox 13, a news source based in Salt Lake City, Utah, relays the details of a current surrogate battle happening between the state’s Supreme Court and a married gay couple. In 2016, a Utah judge denied the couple their chance to use a surrogate mother. According to Fox 13, the reasoning behind this ruling is that surrogacy is an option only available if a couple provides proof that a mother cannot conceive or is in medical danger if conception occurs. Previously, Utah state law did not approve surrogacy for same-sex partners because it required parents to be legally married. Now that Utah recognizes same-sex marriage, this ruling appears to discriminate against the gay couple based on the lack of “proof” required. Edwin Wall, the couple’s attorney, says, “There is no basis the state could assert that there is any legitimate reason in this case to distinguish between the married male couple and either married female couples or heterosexual couples.” In other words, a gender-neutral reading of the law at hand would settle the matter and approve the couple ready to start their surrogacy process. Unfortunately, time will have to tell as Utah’s Supreme Court won’t be ready to make a ruling for several months.
California Shines as Most Accepting State for Surrogacy
Unlike Utah, there is no question that California is a surrogacy-friendly state. State laws in California allow any parents – regardless of marital status or sexual orientation – to legally establish parental rights even before the child is born. In 1993, a famous surrogacy case brought to light this issue of establishing parental rights. Johnson v. Calvert was a case concerning a surrogate mother’s refusal to release the child she gave birth to, even though it was not related to her biologically (having been conceived with the intended parents’ sperm and egg). The final ruling determined that the intended parents – a married man and woman – were the child’s genetic, biological, and natural parents. California has now expanded on this to include all parent structures, making them a leader in equality for surrogacy arrangements.
Choose SPS to Build Your Family
Based in California, Surrogate Parenting Services (SPS) is more than welcoming of any parents looking for a surrogate mother to build their family. Regardless of reasons to choose surrogacy, mentors at SPS work closely with intended parents to personally match them with a surrogate based on both parties’ profiles and then continue to work with everyone involved to see the surrogacy through to a successful end. Before the baby is even born, intended parents can rest easy knowing that their parenthood is legally recognized by the state of California and that any necessary legal agreements have long been taken care of. For more information on how to start your surrogacy process, contact SPS at (949) 397-6855 today.