The Connecticut Parentage Act (CPA) permits Gestational Surrogacy, recognizing the Intended Parent(s) as the resulting child’s exclusive CPA, Public Act 21-15. The CPA codifies the Department of Health’s and Connecticut Vital Records’ obligation to designate the Intended Parent(s) as parents on the resulting child’s birth certificate. Conn. Gen. Stat § 7-48a.
Do courts grant pre-birth parentage orders?
Will courts declare Intended Parents the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Will courts declare Intended Parents the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue?
Do results vary by venue?
Is a hearing required to obtain a pre-birth order?
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?
Will Connecticut Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
If no, will Connecticut Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Note: This situation typically arises if the child is born outside the state. The parents (CT residents) 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?
Does the couple need to be married?
Will courts in Connecticut grant second parent or stepparent adoptions to same-sex couples living in Connecticut?
If yes, does the couple need to be married?
Is there a statute or published case law that addresses a donor’s rights over the resulting eggs, sperm, embryo or child? Yes, the CPA provides that any egg, sperm, or embryo donor shall have no legal rights or interest in a child born through assisted reproduction. Conn. Gen. Stat. § 45a-775.
The Connecticut Parentage Act provides for genetic (traditional) surrogacy. However, the parents cannot obtain a pre-birth order. Rather, they must wait until post-birth, when the legal parentage order will be finalized after a waiting period.
Victoria T. Ferrara
Fairfield, CT
New York, NY
vferrara@theferraralawgroup.com
www.worldwidesurrogacy.org
(203) 255-9877
Donald Sherer
Stamford, CT
donaldsherer@aol.com
www.donaldsherer.com
(203) 327-2084
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