Connecticut

Surrogacy Law in Connecticut

Connecticut Surrogacy Law: Types of Surrogacy

Parentage in Connecticut may be determined through entering into a gestational agreement with a gestational surrogate.  See Conn. Gen. St. Rev.  § 7-36 (13).  A gestational agreement is defined as being a written agreement for assisted reproduction in which a woman agrees to carry a child to birth for an intended parent or intended parents, which woman contributed no genetic material to the child and which agreement (A) names each party to the agreement and indicates each party’s respective obligations under the agreement, (B) is signed by each party to the agreement and the spouse of each such party, if any, and (C) is witnessed by at least two disinterested adults and acknowledged in the manner prescribed by law.  See Conn. Gen. St. Rev. § 7-36 (16).   An Intended Parent is defined as being a party to a gestational agreement who agrees, under the gestational agreement, to be the parent of a child born to a woman by means of assisted reproduction, regardless of whether the party has a genetic relationship to the child.  See Conn. Gen. St. Rev. § 7-36 (17).

 

In Connecticut, Conn.Gen.Stat.§7-48a, relevant to Vital Statistics and the creation of birth records for a child, addresses  gestational surrogacy and provides for the creation of a replacement birth certificate for a child born through surrogacy in cases where the Superior Court enters an order of parentage for parties to a valid gestational carrier agreement. In 2011, the Connecticut Supreme Judicial Court decided Raftopol v. Ramey, 12 A.3d 783, 299 Conn. 681 (2011), which established that Vital Records be required to name as parent(s) on a birth certificate the individual(s) determined to be the legal parents of a child born through a gestational surrogate on a court parentage order, whether the parent is genetically related to the child or not –  whether the parent(s) used donor egg, donor sperm or donor embryos.  It is important to note that in Connecticut, a court hearing will be required to obtain a pre-birth order at which all parties – parents and carrier and carrier’s spouse included – must (absent extenuating circumstances) attend.

 

There is no existing statute or case law in Connecticut that prohibits traditional (genetic) surrogacy, and therefore parties may enter into such arrangements in Connecticut.. Unlike with gestational surrogacy, however, a pre-birth order cannot be obtained in a traditional surrogacy. In Connecticut, a biological father may acknowledge paternity at the time of birth in order to establish his legal parentage and have his name recorded on the birth certificate. See Con Gen. Stat. § 46b-172.   There are procedures established in the Connecticut Probate Courts to terminate parental rights of a parent post-birth. See Conn. Gen. Stat. § 45a-715. Provided it is executed at least forty-eight (48) hours post birth, a traditional surrogate may sign a voluntary surrender of her parental rights.  Finally, to remove the surrogate’s name from the birth certificate and to establish the legal parental rights of the second, non-biological parent, a post birth step-parent adoption petition must be filed.

Are There Surrogate Requirements in Connecticut?

No specific legal requirements exist to serve as a gestational surrogate in the state of Connecticut.

Does Connecticut Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Yes, pre-birth orders are granted to any intended parent(s) who have entered into a valid gestational carrier agreement. In addition to a declaration of parentage the Orders include the validation of the Gestational Carrier Agreement and instructions to the Department of Health to issue a replacement birth certificate. The original birth record information transmitted from the hospital to Vital Records, which contains the surrogate’s name, is replaced by the registrar of Vital Records with the information contained in the Pre-Birth Order and the original information becomes a sealed document.

For pre-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples,using an embryo, egg or sperm donor
Unmarried heterosexual couple using an embryo,egg or sperm donor
Married same sex couples, using an embryo, spermor egg donor
Unmarried same sex couples, using an embryo, sperm or egg donor
Single parent using own egg or sperm with donated egg, sperm or embryo.

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below

Yes

Married heterosexual couples
Unmarried heterosexual couples
Married same sex couples
Unmarried same sex couples
Single parent

No

Whose names go on the birth certificate in Connecticut?

Intended parents are listed with the designation “Mother”/”Father” or in the case of same sex couples,“Intended parent 1”and “Intended parent 2.”

An international same-sex male couple can obtain an initial birth certificate naming the biological father and the gestational surrogate as parents. They can, if they wish, subsequently obtain a parentage order post birth to obtain a replacement birth certificate naming both fathers as the parents pursuant to their gestational agreement and resulting order of the Superior Court. Note, however that a court hearing will be required at which both parents and carrier must attend.

Surrogacy Conditions for Same-Sex Couples in Connecticut

Yes, Connecticut is friendly to ALL intended parents.

Are There Options for Unmarried Intended Parents in the state of Connecticut?

Yes, detail provided above

Egg Donation Law

Connecticut General Statute Section 45a-775 applies to both sperm and egg donation used in assisted conception, and states that no donor has rights or interest over a child born of the process.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Connecticut*

Leslie R. Lightholder, Partner
Nichols, DeLisle & Lightholder, P.C.
14 Main StreetSouthborough, MA 01772
Phone:508.460.0500
Direct Dial: 508.356.6634
Fax:508.449.3995

https://ndllaw.com/

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.