As we move through 2025, the legal landscape for LGBTQ+ parents continues to evolve, bringing both progress and challenges. From new surrogacy regulations to shifts in custody rulings, LGBTQ+ families face unique legal considerations that all prospective or current parents should understand. In this post, we break down the latest updates in family law affecting LGBTQ+ parental rights, including adoption, custody, and surrogacy legal issues.
Surrogacy Legal Issues in 2025
Surrogacy remains one of the most complex areas of family law, particularly for LGBTQ+ individuals and couples. While Utah allows gestational surrogacy, it comes with strict requirements. In 2025, state courts have increasingly scrutinized intended parent agreements, especially in non-traditional family structures. LGBTQ+ parents using surrogates must ensure their contracts are thorough, legally binding, and filed with the court well in advance of the child’s birth.
One major update this year is the requirement for both intended parents—regardless of biological connection—to undergo a pre-birth parentage determination. This ensures both parties are recognized as legal parents from birth. Without this step, non-biological parents risk having to adopt their own child post-delivery, which can be time-consuming and emotionally taxing.
Adoption Pathways for LGBTQ+ Families
Adoption laws have historically presented hurdles for LGBTQ+ parents, but 2025 has seen steady progress. Utah continues to allow single LGBTQ+ individuals and married same-sex couples to adopt. However, the process still varies widely depending on the type of adoption—private, step-parent, foster care, or international.
The most notable change in 2025 is the streamlining of second-parent adoption for same-sex couples. Courts are now more consistent in recognizing parental rights for non-biological parents in same-sex relationships, especially when both parents have been involved in the child’s upbringing. However, challenges persist when one parent is not legally married to the biological parent. In these cases, formal adoption remains the most secure path to establishing legal rights.
LGBTQ+ individuals seeking to adopt through state agencies must also be aware of lingering biases. While discriminatory practices are technically unlawful, anecdotal evidence suggests some delays and denials still occur under the guise of “fit parenting” assessments. Legal guidance is critical to ensure fair treatment and full protection under state and federal law.
Custody Laws and Parental Rights
Custody disputes involving LGBTQ+ parents often highlight gaps in traditional family law frameworks. In 2025, Utah courts have made progress in recognizing the rights of non-biological parents—especially those who can demonstrate a long-standing parental role in the child’s life.
Still, when LGBTQ+ couples separate, the legal status of both parents becomes a key factor in custody determinations. If only one parent is listed on the birth certificate or legally recognized through adoption, the other may have to petition for custody or visitation, even if they have been a primary caregiver.
Another growing issue is the treatment of transgender parents in custody battles. While courts are prohibited from discriminating based on gender identity, some parents still face subtle bias that can influence custody decisions. Legal representation and expert testimony are often necessary to ensure the parent-child bond is protected.
What LGBTQ+ Parents Should Do Now
If you are an LGBTQ+ parent—or plan to become one—it is essential to proactively establish and protect your legal rights. Whether through pre-birth orders, second-parent adoption, or formal custody agreements, documentation is key. Relying on goodwill or informal arrangements is no longer enough in today’s legal climate.
At Ascent Law, we work closely with LGBTQ+ individuals and families to safeguard their parental rights. From drafting surrogacy contracts to navigating complex adoption cases, our family law attorneys offer personalized legal strategies based on the latest developments in Utah law.
Stay Informed, Stay Protected
LGBTQ+ parental rights are expanding, but the legal path is rarely straightforward. Each case brings its own nuances, and even minor mistakes can have long-term consequences. As laws change, so must your legal planning.
To schedule a consultation and ensure your family is fully protected, contact Ascent Law today. We’re here to help you build and defend your family with confidence.
Keywords: LGBTQ+ parental rights, custody laws, surrogacy legal issues, adoption, family law updates.
