December 2017 – Surrogacy laws vary in both great and small ways from state to state. In Utah, for a couple to enter a surrogacy contract, the couple must prove the female spouse is unable to have children.
That law is being challenged in the Utah Supreme Court because a male homosexual couple, who remain anonymous during the proceedings, want to enter a surrogacy contract. Because there is no female in their relationship, they claim to be excluded by the law.
Utah Attorney General Sean Reyes will not stand by the law, saying it should be read as gender neutral. But numerous Supreme Court justices have questioned whether that is the appropriate approach.
“It seems to me we have to resolve this on constitutional ground,” Justice John Pearce said.
