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GESTATIONAL SURROGACY IN CONNECTICUT

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.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes

Will courts declare Intended Parents 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

Will courts declare Intended Parents 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? Municipality of the Intended Parents’ residence or 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? No

Will Connecticut Vital Records honor a pre-birth order from another state? It is not clear if Connecticut would give full faith and credit to other states’ legal parentage determination.

What is the typical time frame to obtain a birth certificate after delivery? 6-8 weeks.

 

SAME SEX COUPLE

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  Yes, but it will be marked in red once superseded.

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 may require an additional court proceeding.

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 (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?  Yes
Does the couple need to be married? No, but the couple must be in a committed relationship and a home study may be required.

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 and a home stay may be required.

EGG, SPERM, & EMBRYO DONATION

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.  

TRADITIONAL SURROGACY IN CONNECTICUT

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.


State law information provided by the following attorneys practicing Reproductive Law in this state:

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