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STATE SURROGACY LAW:

Connecticut Surrogacy Laws

Overview

Gestational Surrogacy is permitted in Connecticut and governed by the Connecticut Parentage Act – General Statues (Effective January 1, 2022). Another relevant law in Connecticut includes the Vital Records statute which directs the state to honor court orders of parentage entered in surrogacy matters. This law instructs Vital Records to follow court orders to name a non-biological parent on a birth certificate and creates a more efficient process for obtaining pre-birth and post-birth orders.

See General Statute Sec. 7-48a. Prior to the 2022 passing of the Connecticut Parentage Act, support came from the Connecticut Supreme Court case, Raftopol v. Ramey, 12A.3d783 (2011),

 

Before a surrogacy journey is considered valid with the court, the following requirements must be met –

  • Counsel certification must be filed with the court that all statutory requirements for the agreement were met.
  • Statements of all parties must be filed that they entered into the surrogacy agreement knowingly and voluntarily.

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

Altruistic surrogacy

YES

Traditional surrogacy

NO – 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.

Parentage

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

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – 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) are listed as Parent A and Parent B.

The surrogate’s name and statistical information is recorded by the hospital as part of the original birth record information which is sent to Vital Records.  Vital Records, upon receipt of a certified court order of parentage, will replace the surrogate’s name with that of the Intended Parents, so that the only birth certificate issued for practical purposes lists the names of the Intended Parent(s), and not the surrogate.  There is nothing on the child’s replacement certificate issued by Vital Records that indicates that the birth certificate was amended or that a surrogate has given birth.  The surrogate’s name and statistical information transmitted by the hospital to the state 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)

A donor is not a parent of a child conceived by assisted reproduction by virtue of the donor’s genetic connection. A donor may not establish the donor’s parentage by signing an acknowledgment of parentage § 46b-510.

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

Surrogacy Contracts – Requirements for both Gestational and Genetic are governed by General Statutes § 46b-522 through 46b-524 (eff. January 1, 2022).  

Independent Counsel

Independent counsel is required, for all parties involved in a surrogacy agreement.

See 46b-523 (7): “The person acting as surrogate and, if married, the spouse of the person acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement, and each counsel shall be identified in the surrogacy agreement. A single attorney for the person acting as surrogate and the person’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct.”

Requirements for Surrogates and Intended Parent(s)

Surrogate requirements to enter agreement:

  • 21 years of age
  • Have previously given birth to at least one child of their own
  • If surrogate has a spouse, the spouse must acknowledge and agree to comply with the obligations imposed on the surrogate by the surrogacy agreement
  • Have completed mental and mental health evaluations
  • Have health insurance for the duration of the expected pregnancy and for eight weeks after the birth of the resulting child

Intended Parent requirements to enter into an agreement: 

  • 21 years of age
  • Have completed mental health evaluation
  • Agree to assume immediate custody and be the parent immediately upon birth regardless of the number of children born or the gender or mental or physical condition of each child
  • Agree to assume responsibility for the financial support of the child upon birth, regardless of the number of children born or the gender or the mental or physical condition of each child
  • Agree to pay for surrogate’s reasonable legal, medical and ancillary expenses, including: for health insurance premiums, uncovered medical expenses, legal fees, life insurance premiums, other surrogacy-related expenses of the person acting as surrogate

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. Virtual hearings may be allowed at the discretion of the judge.

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. 

Residency Requirements

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

 

Parentage petitions are obtained based on the CT residence of a party; there is no jurisdiction to obtain a parentage order unless a party resides in CT.

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

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 February 2024