UTAH COUPLE HEADS TO STATE SUPREME COURT OVER LAW THAT PREVENTS MARRIED GAY MEN FROM HAVING BIOLOGICAL CHILDREN THROUGH SURROGACY
Jon and Noel started talking about having a family not long after they married in 2013.
An author and a professor who have been together more than a decade, the couple considered adoption, but settled on surrogacy out of a strong desire to have a biological child.
That plan was derailed last year when a southern Utah judge denied their petition to enter a surrogacy agreement with a woman who wanted to help make their family complete.
“We were shocked and we were hurt,” said Noel, who along with his husband spoke on condition they be identified only by first names to protect their privacy. “Straight couples don’t experience this.”
The couple is asking the Utah Supreme Court to declare a portion of the state’s gestational surrogacy law unconstitutional because it deprives gay men the right to have biological children through surrogacy.
That’s because under the law a married couple is required to provide medical evidence that the intended “mother” is medically unable to unable to carry a child.
That means the law can be used when the prospective parents are married heterosexuals or married lesbians, but married gay men are left out.
That exclusion violates the due process and equal protection clauses of the U.S. Constitution, as well as the uniform operation of law clause in the Utah Constitution, attorneys for Noel and Jon wrote in court papers.