On Tuesday, the Utah Supreme Court heard a case brought by two married men who attempted to enter a surrogacy contract with a woman willing to bear their child. A Utah district court judge refused to validate the gestational agreement because the state statute requires that a “mother” provide medical evidence she is unable to have children. In the case of two married men, there is no mother.
The statute is discriminatory when it is applied to men. Under this statute, a man cannot enter a surrogacy contract with a gestational mother if he is married to a man.