Parents of 2 tots finally get legal recognition

After three years, a Utah couple have been legally recognized as the parents of their own children.

The Utah Office of Vital Records and Statistics has issued birth certificates for the couple's 3-year-old twins listing the husband and wife as the children's biological parents.

Previously, pursuant to Utah law governing surrogate parenthood, the birth certificates listed the children's surrogate mother as the biological mother. No father was listed.

The parents took their case to federal court, where U.S. District Judge Bruce Jenkins ruled last month that the law's presumption that a surrogate mother is also the legal mother and her husband the legal father "frustrates" the parents' right to procreate.

He did not, however, determine that the law was unconstitutional as alleged in the lawsuit.

The case was settled this week after the Utah Attorney General's Office instructed the state to issue the new birth certificates. While still denying that the challenged statute is unconstitutional, the Attorney General's Office said in court documents that it will recommend the Utah Legislature review the law during its 2004 session.

Also as part of the settlement, the state will pay the couple's legal fees of $23,000.