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In re Gestational Agreement, 2019 UT 40 (August 1, 2019)

Aug 1, 2019

As a matter of first impression, the court held that a provision of the Uniform Parentage Act, Utah Code § 78B-15-803, that a gestational agreement is unenforceable unless at least one of the intended parents is female, is unconstitutional under the Fourteenth Amendment’s Equal Protection and Due Process Clauses, and that it is severable from the remainder of the Act.  Accordingly, the court reversed and remanded the district court denial of a petition for court approval of a gestational agreement where both of the intended parents were male.