{"id":1169,"date":"2017-09-22T21:54:50","date_gmt":"2017-09-22T21:54:50","guid":{"rendered":"https:\/\/surrogacy-lawyer.com\/?p=1169"},"modified":"2024-03-06T14:56:54","modified_gmt":"2024-03-06T14:56:54","slug":"utah-supreme-court-to-hear-surrogacy-equality-case","status":"publish","type":"post","link":"https:\/\/surrogacy-lawyer.com\/zh\/utah-supreme-court-to-hear-surrogacy-equality-case\/","title":{"rendered":"Utah Supreme Court to hear surrogacy equality case"},"content":{"rendered":"

A gay, married Utah couple is asking the state\u2019s highest court to declare a portion of the state\u2019s surrogacy law unconstitutional. The current law denies gay men the right to have biological children through surrogacy with a specific requirement that the \u201cmother\u201d be medically unable to carry a child.<\/p>\n

Legal experts say that this is a novel case for Utah.<\/p>\n

\u201cI think these are new arguments and there has yet to be a court [in] the country that has struck down a surrogacy law on the grounds that the discrimination is based on sexual orientation or gender,\u201d explained Professor Douglas NeJaime at Yale in an interview with The Salt Lake Tribune<\/a>.<\/p>\n

Law Professor John Culhane of Widenar University focused on the legal hurdles the LGBTQ community continues to face in spite of the legalization of gay marriage in 2015.<\/p>\n

\u201cIf marriage equality really means what the Supreme Court said it does, then that should mean this gay married male couple should have the same entitlements as others,\u201d said Culhane.<\/p>\n

Legal counsel for the couple argue that the current law violates due process. They also believe that gender-specific terms need to be removed wherever marital benefits are statutorily reference in the wake of Obergefell.<\/p>\n

\u201cThe legislative objective was to afford the marital benefit for intended parents to have their own genetically related children not to improperly discriminate against married same-sex male couples,\u201d the couple\u2019s attorneys stated in the court documents.<\/p>\n

The surrogacy law in Utah was created ten years before gay marriage became legal in the United States, and an amendment is needed in order to avoid unconstitutional discrimination.<\/p>\n

After the courts denied the couple\u2019s petition to validate their surrogacy agreement, they were deeply hurt.<\/p>\n

\u201cStraight couples don\u2019t experience this,\u201d the couple said.<\/p>","protected":false},"excerpt":{"rendered":"

A gay, married Utah coupl [\u2026]<\/span><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,11,14],"tags":[198,266,250],"class_list":["post-1169","post","type-post","status-publish","format-standard","hentry","category-assisted-reproduction","category-lgbt","category-surrogacy-2","tag-same-sex-couples","tag-surrogacy-law","tag-utah"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/1169","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/comments?post=1169"}],"version-history":[{"count":0,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/1169\/revisions"}],"wp:attachment":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/media?parent=1169"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/categories?post=1169"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/tags?post=1169"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}