Thu, Sep 14, 2017 - Page 7 News List

Gay couple challenging Utah law on surrogacy


A gay couple denied the chance to have a baby using a surrogate on Tuesday challenged a Utah law’s reference to heterosexual parents in a case that illustrates the legal complications LGBT (lesbian, gay, bisexual and trangender) 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 cannot have children without serious health 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 is not going to stand in the couple’s way.

State lawyers did not appear before the high court and said in court documents that the law should be read as gender-neutral.

However, some state Supreme Court justices questioned whether that is enough or part of the law should be struck down.

“It seems to me we have to resolve this on constitutional grounds,” Justice John Pearce said.

The panel did not immediately rule following the hearing.


While gay couples still face legal challenges on parenthood, the Utah case appears unique in barring a pregnancy before it begins, said Susan Sommer, who is with the national gay-rights group Lambda Legal.

In the US, surrogacy laws are a patchwork even for heterosexual couples, she said.

“Really, the situation is crying out for better, current up-to-date statues that reflect the reality that people are using gestational carriers,” she said.


The case from southern Utah’s Washington County was first reported by the Salt Lake Tribune.

However, it is not the first high-profile case involving LGBT parents in Utah.

A lesbian couple successfully sued after the state refused to put both their names on their child’s birth certificate in 2015, shortly after the US Supreme Court legalized same-sex marriage.

Later that year, another judge briefly ordered a baby girl removed from another lesbian couple’s foster home so the child could be placed with a heterosexual couple for her well-being.

He later reversed the decision after a national outcry.

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