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GESTATIONAL SURROGACY IN CONNECTICUT

Gestational Surrogacy is condoned in Connecticut by Conn.Gen.Stat.§7-48a, which orders Vital Records to issue birth certificates naming the Intended Parents in a Gestational Surrogacy situation in accordance with a court order. Previously, Vital Records had refused to name a non-biological parent on the birth certificate. Connecticut’s Supreme Court then instructed Vital Records to comply with court orders, Raftopol v. Ramey, 12A.3d783 (2011), and the legislature subsequently codified the requirement. Connecticut Vital Records now issues birth certificates naming any parent named in a court parentage order.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg donor and sperm donor:  Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm:  Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor:  Yes
  • Single parent using an own egg or sperm:  Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes


What are the bases for venue? County of the Intended Parents’ residence, county of the Gestational Carrier’s residence

Do results vary by venue?
 No

Is a hearing required to obtain a pre-birth order?
  Yes, and all parties must attend

Is a pre-birth order possible in Connecticut based on a Gestational Carrier’s plan to deliver in Connecticut, if no party lives in Connecticut? Possibly

Will Connecticut Vital Records honor a pre-birth order from another state? Probably

What is the typical time frame to obtain a birth certificate after delivery?  A week, if the application is expedited

Same-Sex Couples

How are same-sex parents named on the final birth certificate?  Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
  Yes

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  Yes, but this step requires an additional court hearing

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Connecticut (i.e., neither of the Intended Parents lives in Connecticut)?  No

If no, will Connecticut Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
  Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR CONNECTICUT RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Connecticut to obtain a second parent adoption or stepparent adoption in Connecticut.

Will courts in Connecticut grant second parent or stepparent adoptions to heterosexual couples living in Connecticut?  Yes
Does the couple need to be married?  No, but the couple must be in a committed relationship.

 
Will courts in Connecticut grant second parent or stepparent adoptions to same-sex couples living in Connecticut?  Yes
If yes, does the couple need to be married? No,  but the couple must be in a committed relationship.

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, Section 45a-775 of the Connecticut Revised Code states that any sperm or egg donor, whether anonymous or known, shall have no rights or interest in a child born through assisted reproduction.

TRADITIONAL SURROGACY IN CONNECTICUT

Traditional Surrogacy is permitted in Connecticut because no statute or published case law prohibits it. However, the parents cannot obtain a pre-birth order. Rather, they must wait until post-birth, when the Gestational Surrogate must terminate the biological father's rights in probate court.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Donald Sherer
Stamford, CT
donaldsherer@aol.com
www.birthlawyer.com
(203) 327-2084
 
Victoria Ferrara
Fairfield, CT
vferrara@victoriaferrara.com
www.victoriaferrara.com
(203) 255-9877

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