Gay couple denied surrogacy option by Utah court

Utah Supreme Court. Photo via Salt Lake Tribune.

The struggle for LGBT+ couples to have children is not a new concept. For years, couples have been fighting for the ability to adopt, have children via surrogacy and find medical means to conceive children otherwise.

After being denied by a lower court, a Utah gay couple, known as Jon and Noel, went to the Utah Supreme Court to bring their case forward.

"We were shocked and we were hurt," said Noel via the Salt Lake Tribune. "Straight couples don't experience this." 

The lower court judge on the case referenced a part of the surrogate law to uphold his decision.

The law states that there’s a “mother in the law’s requirement that prospective parents prove a woman can’t have children without serious health risks before surrogacy,” according to AP.

Because of this reference, the judge denied the surrogate arrangement as the law discriminates against male same-sex couples wanting to start families.

Nevertheless, Utah state lawyers, despite not appearing in court, claim that the law should be read as gender-neutral. State supreme court justices, however, are not entirely sure this will work on behalf of the couple’s case.

Instead, they suggest that part of the law should be struck down to allow inclusion for all.

“It seems to me we have to resolve this on constitutional grounds,” said Justice John Pearce.  

Clearly, Pearce is concerned that not enough justices will interpret the law as including male same-sex couples.

So far, the panel has yet to make a ruling following today’s hearing.

Copyright The Gayly – 9/12/2017 4:49 p.m. CST