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Gestational Surrogacy in Connecticut

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Connecticut Surrogacy Laws

The Connecticut Parentage Act (CPA) permits Gestational Surrogacy, recognizing the Intended Parent(s) as the resulting child’s exclusive parents (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.

 

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  • Yes, but it will be marked in red once superseded.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