This item indicates state laws or court decisions that allow a second parent of the same sex to petition to adopt their partner’s children, regardless of whether they are in a legally recognized relationship.
Utah has this protection in practice, with no statute in place
Utah's surrogacy statute was passed in 2008, but it included discriminatory language. In 2015, the statute became inclusive of same-sex couples, after the U.S. Supreme Court's history ruling in Obergerfell v. Hodges. In 2019, the Utah Supreme Court held that “same-sex couples must be afforded all of the benefits the State has linked to marriage and freely grants to opposite sex-couples"—including the surrogacy law. In 2020, the surrogacy statute was amended (HB 234) to remove discriminatory language and comply with the affirmative ruling of the Utah Supreme Court.
Utah has this protection in statute
This item indicates state laws or administrative policies that prohibit discrimination against LGBTQ people in the placement of foster youth.
Utah has this protection in practice, with no statute in place
Updated foster care policies were issued by the Utah Office of Adminstrative Rules, and they became effective on January 1, 2020.
Utah has this protection in statute
This item indicates that the state, through statewide court rulings, statutes, or agency guidance, presumes that a parental relationship exists for both parents in a same-sex marriage with regard to any children born of that marriage.
Utah has this protection in statute
This item indicates a limited recognition of de facto parents as a basis for visitation or custody, generally through court cases. De facto parents are individuals who serve in the role of a parent, but have no legally recognized tie to the child.
Utah has this protection in practice, with no statute in place
The data and definitions below have been pulled from the State Equality Index and compiled by the Human Rights Campaign Foundation and the Equality Federation Institute.
Policy or statute in place
Equality in practice - no statute
Work we still need to do
Negative law to be repealed
Click on the law you want to learn more about, or to take action today.
Surrogacy Laws
Parental Presumption for Same-Sex Couples
Foster Parent Training Required
Second Parent Adoption
Foster Care Nondiscrimination
De Facto Parent Recognition
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