A gay couple denied the chance to have a baby via surrogate challenged a Utah law’s reference to heterosexual parents in a case that illustrates the legal complications LGBT couples can face when starting families amid a national patchwork of surrogacy laws.
The case came before the Utah Supreme Court after a judge refused to approve the couple’s surrogacy agreement. The judge in southern Utah cited references to a mother in the law’s requirement that prospective parents prove a woman can’t have children without health serious risk before they turn to surrogacy.
That discriminates against male same-sex couples who want to start a family, said Edwin Wall, an attorney for the two men who want to remain anonymous.
Utah Attorney General Sean Reyes won’t stand in the couple’s way. State lawyers didn’t appear before the high court and said in court documents that the law should be read as gender-neutral.
Some state Supreme Court justices, though, questioned whether that is enough or part of the law should be struck down.