Gay couples deserve to create their own families, but there are always people who against it. Still, in many countries it is prohibited to create same-couples families. Nevertheless, many states support LGBT communities. A gay couple denied the chance to have a baby using a surrogate challenged a Utah law’s reference to heterosexual parents Tuesday in a case that illustrates the legal complications LGBT 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 can’t have children without health serious 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 won’t stand in the couple’s way. State lawyers didn’t appear before the high court and said in court documents that the law should be read as gender-neutral.
While gay couples still face legal challenges on parenthood, the Utah case appears unique in barring a pregnancy before it begins, said Susan Sommer with the national gay-rights group Lambda Legal. Nationwide, surrogacy laws are a patchwork even for heterosexual couples, she said. We are waiting for changes in the nearest future.