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STATE SURROGACY LAW:

Connecticut Surrogacy Laws

Overview

Surrogacy is supported by General Statutes Β§7-48a in Connecticut. This support comes from the Connecticut Supreme Court case, Raftopol v. Ramey, 12A.3d783 (2011), which instructed Vital Records to follow court orders to name a non-biological parent on a birth certificate.Β 

Prior to Raftpool v. Ramey, attorneys were able to obtain parentage orders as long as a contract was in place, but now the process is streamlined, particularly for Intended Parent(s) using donor gametes.

Types of Surrogacy Available in Connecticut

Can a parentage order be obtained for the following?

Although traditional surrogacy isn’t prohibited in Connecticut, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights. However, Intended Parent(s) using a traditional surrogate cannot get a pre-birth order; they must wait until after birth and file for a stepparent adoption.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

NO

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections πŸ’š πŸ’š
One Genetic Connection πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
No Genetic Connections πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections πŸ’š πŸ’š
One Genetic Connection πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
No Genetic Connections πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
Show Court Parentage Order Collapse

πŸ’šΒ β€“ Both Intended Parent(s) can be named on the parentage order

πŸ’›Β β€“ Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father.

The surrogate’s name does appear on the original birth certificate, but an amended copy is released to Intended Parents and the original will be sealed at the Department of Health. The birth certificate with the Intended Parent(s) names does not reflect the use of a gestational carrier and is the only one ever issued.

Rights of Egg or Sperm Donor(s)

According to Section 45a-775 of the Connecticut Revised Code, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child.

Surrogacy Steps in Connecticut

Surrogacy Process in Connecticut

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after first trimester.

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

5-10 business days

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although Connecticut has no law codifying surrogacy contracts, the state still recognizes and enforces them. Additionally, the statutes governing Vital Statistics include definitions that support gestational carrier contracts.

Independent Counsel

Independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Connecticut has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

YES. All parties are required to attend.

Bases of Venue

What are the bases of venue?

County where the Intended Parents live; county where the Gestational Carrier lives.

Do rulings vary by venue?

NO

International Issues

Because of the surrogacy-friendly courts, international Intended Parent(s) may find doing surrogacy in Connecticut a relatively straightforward process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.Β 

Residency Requirements

Does Connecticut have any residency requirements on either the surrogate or Intended Parent(s):

NO

Birth Certificates

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

YES

Can they obtain a birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES, but an additional court hearing may be required.

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 days.

International Intended Parent(s) who can show proof that their travel date back home is within 2 weeks from when they apply for the passport appointment at a Regional Office will be granted an expedited passport appointment. The actual passport for the child will often be issued the same day, or at the most a day or two later.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Leslie Lightholder
Nichols, DeLisle & Lightholder P.C.
14 Main Street
Southborough, MA 01772
(508) 460-0500
llightholder@ndllaw.com
ndllaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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