"This is very important legislation. There are still sections that give me heartburn. But I'll support it," said Murray Democratic Sen. Patrice Arent, who reserved the right to refine the 48-page bill when it hits the Senate floor.

Some of those refinements may seek to address a warning issued by the Utah chapter of the American Civil Liberties Union (ACLU).

In a two-page letter distributed at Wednesday's hearing, ACLU attorney Margaret Plane warned the measure could face constitutional challenge because it doesn't go far enough to protect the rights of surrogates and limits surrogacy to married couples, excluding single and gay parents.

"Civil liberties are not dependent on a person's marital status," wrote Plane.

In addition, said Plane, the bill should give surrogates the right to terminate their contract anytime throughout the pregnancy and for a period of time after the baby is born, much like adoption contracts do. Senate Bill 14 would allow a surrogate to opt out of the contract, but only before the embryo is placed in her body via in vitro fertilization.

Plane also opposes a provision that would require the intended mother to show medical proof that she is unable to bear a child, or is unable to do so without risking her mental or physical health, because it cuts against a woman's right to choose whether to beget a child.

Sponsoring Sen. Lyle Hillyard amended the bill to take effect Jan. 1, 2006 to give the courts and Health Department time to make procedural changes.

He welcomed further debate, but made clear he will stand by limiting surrogacy to married Utahns.

"If that provision is unconstitutional, then I guess we'll have to go back and leave the law the way it is now and nobody will be able to do surrogacy," said the Logan attorney, a Republican.

In Utah, it's illegal to pay a woman to carry a child. The law is silent on surrogacy contracts that don't involve money, but such agreements are not recognized by the courts.

Lacking legal direction, doctors here don't do surrogacy. But Utah parents and surrogates find recourse in other states.

To protect those surrogates, parents and the children born through surrogacy, Hillyard's bill requires that a surrogate relinquish all rights to the child, have undergone at least one pregnancy and be able to terminate the pregnancy to spare her health or that of the baby. In addition, the parents must assume all responsibility for the child, even if "it's a he and not a she" and the contract wasn't court-approved, Hillyard said.