Connecticut surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Connecticut?

Yes. Gestational surrogacy is legal and a common way to build families in Connecticut.

Is Traditional Surrogacy Legal in Connecticut?

Traditional surrogacy is not directly addressed in Connecticut surrogacy laws; therefore it’s not illegal but this means that it’s not well regulated.  Most surrogacy professionals in Connecticut will not complete traditional surrogacy due to the increased legal and emotional risks associated with this type of surrogacy.

Is Compensated Surrogacy Legal in Connecticut?

Yes. Connecticut surrogacy laws neither regulate nor prohibit a surrogate’s ability to receive compensation. This is something that is established when the surrogacy contract between surrogates and intended parents is drafted.  In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below: 

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Connecticut Surrogacy Contract

Connecticut surrogacy contracts are designed to protect the interests and rights of both parties and anticipate any potential complications and liabilities; therefore each party must be represented by a separate surrogacy attorney.

These attorneys will negotiate an agreement that addresses at least the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• And more

Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.   

Determining Legal Parentage in Connecticut

The laws on surrogacy in Connecticut are fairly clear about how to establish the rights of the intended parents through pre-birth parentage orders, or in some situations, post-birth measures like adoptions.

In traditional surrogacy, however, because the surrogate is the biological mother of the baby, a pre-birth parentage order is not permitted.  In these circumstances, an adoption must be completed after the baby is born to establish Connecticut surrogacy legal rights for the intended parents. Traditional surrogacies are usually the only circumstances in Connecticut where an adoption is required instead of a parentage order.