GESTATIONAL SURROGACY IN CONNECTICUT
Conn.Gen.Stat.§7-48a permits gestational surrogacy in Connecticut. The clear surrogacy laws make it relatively easy to become a surrogate or parent through surrogacy in this state.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Connecticut, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Connecticut.
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.
Same-Sex Surrogacy in Connecticut
Q: Is Same-Sex Surrogacy Legal in Connecticut?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Connecticut?
A: No. There are no additional laws impacting same-sex parents in this state.
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Connecticut?
A: Yes. Surrogacy contracts in Connecticut are permissible and enforceable in a court of law.
Q: Are There Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Connecticut?
A: 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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: 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.
Q: Does Connecticut Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: 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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: 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.”
REPRODUCTIVE LAW PRACTITIONERS
Maxine L. Matta
New London, CT
New Fairfield, CT
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