Gestational Surrogacy in Connecticut

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• Yes, but it will be marked in red once superseded.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

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