Second Parent Adoption/Surrogacy

[kelsiroo]

Hello Diane,

My name is Kelsi, and for the past year I have been seriously considering being a surrogate for a close friend and his partner. Unfortunately, as we live in Utah, Second Parent Adoption is not permitted. What would we have to do to allow them to adopt the child? If I were to have the child in another state, would they have to establish residency to adopt the child?

Thanks for your time,

Kelsi

[Diane Hinson]

Hi, Kelsey. You are a true friend and sweetheart. Ah, Utah. Their surrogacy statute progressed the state of the law a long way from where it previously was, but not, alas, for anyone falling "outside the box" -- a "traditional" married couple. I am assuming, from your question, that you and the dads live in Utah? Are you talking about a traditional surrogacy if you are talking about an adoption? If you were talking about being a gestational carrier, then there are a number of states where they can still get a parentage order, which would name both of them as the sole legal parents, simply by virtue of the fact that the baby was born in that state. If you are a traditional surrogate and, therefore, the "birth mother," it gets trickier, because the states that I know about where that could be done for a GC would not allow traditional surrogacy at all.

And, don't forget that babies can have a mind of their own -- the best laid plans go awry if travel is involved if the baby/babies decide to come early!

Good luck!
Diane

Diane Hinson
Creative Family Connections LLC