Earlier this month, the Utah Supreme Court ruled that a same-sex couples can't be excluded from entering into enforceable surrogacy contracts, and sent a case concerning a gay male couple back to trial court to approve their petition for a surrogacy arrangement.
As reported in Gay City News, the case concerns Utah's 2005 law on surrogacy, which was enacted prior to the legalization of same-sex marriage in the state. As a result, the content of the law is gendered, saying that surrogacy contracts should only be enforceable if the "intended mother" is unable to bear a child. When a gay couple approached District Judge Jeffrey C. Wilcox to enter into a surrogacy arrangement, he denied them, arguing that the state's law only concerned opposite sex couples.
"This opinion is an important contribution to the growing body of cases adopting a broad construction of the precedent created by Obergefell v. Hodges and the Supreme Court's subsequent decision in Pavan v. Smith," according to GCN. "It's also worth noting that same-sex couples in Utah now enjoy a right denied them here in New York, where compensated gestational surrogacy contracts remain illegal for all couples."
Read the full article here.