Art Leonard Observations
Art Leonard Observations
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Utah District Judge Jeffrey Wilcox

Unanimous Utah Supreme Court Holds Exclusion of Same-Sex Couples Under Gestational Surrogacy Law is Unconstitutional

August 7, 2019

The Utah Supreme Court ruled on August 1 that a state law authorizing judicial approval of gestational surrogacy contracts was unconstitutional to the extent that it excluded married same-sex couples from being able to enter into an enforceable gestational surrogacy contract.  Finding that the offending provision is “severable” from the rest of the statute, the court sent the case back to a trial court for approval of the surrogacy agreement.  The case is In re … <Read More>

Categories: Legal Issues
Tags: avoidance of unconstitutionality, case of controversy requirement, Damian E. Davenport, Edwin S. Wall, gender neutral language, gestational surrogacy agreements, In re Gestational Agreement, intended parents, judicial validation of gestational surrogacy agreements, jurisdiction of court to decided uncontested cases, legislative intent, required judicial findings for validation of surrogacy agreements, requirement that intended mother be unable to bear child, severability of unconstitutional provisions, statutory interpretation, Utah Assistant Solicitor General Brent A. Burnett, Utah Attorney General Sean Reyes, Utah Chief Justice Matthew B. Durant, Utah District Judge Jeffrey Wilcox, Utah Solicitor General Tyler R. Green, Utah Supreme Court

News and commentary on law and current events, with a focus on sexuality and the law, as well as the arts by NYLS Professor Arthur Leonard.


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About the Author

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Arthur S. Leonard, a professor at New York Law School since 1982, edits the monthly newsletter Lesbian/Gay Law Notes, and is co-author of Sexuality Law (Carolina Academic Press) and AIDS Law in a Nutshell (West Publishing Co.). He writes on legal issues for Gay City News (New York), and serves as a trustee of the Jewish Board of Family & Children's Services of New York.


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