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.
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:
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:
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
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.
Below is a list of some of the most frequently asked questions about surrogacy in Connecticut:
Yes. Surrogacy contracts in Connecticut are permissible and enforceable in a court of law.
No. All surrogacy laws in Connecticut that apply to domestic intended parents also apply to international intended parents. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
Adoption is usually not needed because intended parents can usually obtain pre-birth orders.
The exception to this is if intended parents from Connecticut cannot obtain a pre-birth order in the state in which their surrogate delivers. In this case, intended parents may need to complete an adoption in that state or when they return to Connecticut to protect their parental rights.
Yes. Second-parent adoptions are available in Connecticut. There are no marriage requirements for adopting a child of your spouse, but you must be in a committed relationship and share parental responsibility to take advantage of this adoption process. Married intended parents can always complete a stepparent adoption in Connecticut after their child is born via surrogacy.
Intended parents can usually obtain a pre-birth order for a surrogacy in Connecticut, even if they use a donor egg, sperm, or embryo. Connecticut laws specify that an identified or anonymous donor of eggs or sperm shall not have any right or interest in any child born as a result.
No. There are no additional laws impacting same-sex parents in this state.
Maxine L. Matta
New London, CT
info@mattagager.com
Matta & Gager, LLP
(860) 437-3440
Donald B. Sherer
Stamford, CT
donaldsherer@aol.com
Law Offices of Donald B. Sherer
(203) 327-2084
Lisa Deldin
New Fairfield, CT
lisadeldinlaw@gmail.com
(203) 241-5675
