Though Utah is not one of the three states that currently prohibit commercial surrogacy contracts, the state's current policy does specifically exclude gay men from doing so. That may soon changed, however, thanks to a bill in the state's legislature that was unanimously voted out of a House Committee that would remove that restriction.
The bill, sponsored by Rep. Patrice Arent, D-Millcreek, a Democrat, was created in response to a ruling by the Utah Supreme Court this past August that found the ban on gay men unconstitutional.
Gay men have been excluded from legally entering surrogacy contracts due to a provision in the current law that requires medical evidence "that the intended mother is unable to bear a child or is unable to do so without unreasonable risk to her physical or mental health or to the unborn child," Rep. Arent told the Salt Lake Tribune — a requirement that clearly excludes gay male couples.
The state's original surrogacy law dates back to 2005, before same-sex marriage was legalized in the state, which accounts for the gendered language. Though the state's Supreme Court already ruled the provision unconstitutional, Rep Arent further told the Tribute that, "People do not look to Supreme Court opinions to figure out the law, they look to the code and the code should be constitutional."