An author and a professor who have been together more than a decade, the couple considered adoption, but settled on surrogacy out of a strong desire to have a biological child.
That plan was derailed last year when a southern Utah judge denied their petition to enter a surrogacy agreement with a woman who wanted to help make their family complete.
“We were shocked and we were hurt,” said Noel, who along with his husband spoke on condition they be identified only by first names to protect their privacy. “Straight couples don’t experience this.”
The couple is asking the Utah Supreme Court to declare a portion of the state’s gestational surrogacy law unconstitutional because it deprives gay men the right to have biological children through surrogacy.
That’s because under the law a married couple is required to provide medical evidence that the intended “mother” is medically unable to unable to carry a child.
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