Surrogacy Laws & Process in Connecticut
Understanding the Surrogacy Process in Connecticut
For individuals and couples pursuing surrogacy, Connecticut is consistently ranked as one of the most favorable and legally secure states in the country. Its clear legislative framework removes much of the ambiguity and risk often associated with surrogacy.
Connecticut’s status as a premier surrogacy destination is anchored by the Connecticut Parentage Act (CPA) (Public Act 21-15). The CPA recognizes the Intended Parent(s) as the resulting child’s exclusive legal parents, eliminating the need for complex, post-birth adoption procedures.
The law secures parentage by legally obligating the Department of Health and Connecticut Vital Records to designate the Intended Parent(s) on the child’s initial birth certificate (Conn. Gen. Stat $\S$ 7-48a).
Pre-Birth Parentage Orders in Connecticut: Legal Recognition Before Birth
The cornerstone of the Connecticut surrogacy process is the Pre-Birth Parentage Order (PBO). Courts in Connecticut grant these orders typically during the second or third trimester of pregnancy. The PBO legally confirms the intended parents as the child’s parents, guaranteeing their rights are recognized immediately at birth.
Connecticut is notably inclusive in granting PBOs, extending full legal protection regardless of the parents’ marital status, sexual orientation, or genetic connection to the child.
Married Same-Sex Couples
These couples receive full protection and are granted PBOs, regardless of whether they utilize an egg donor, a sperm donor, or if they have no genetic link to the child.
Unmarried Heterosexual Couples
These couples are granted PBOs whether they are using their own egg and sperm or if they require the use of donor gametes (either an egg donor or a sperm donor). The court confirms their parentage prior to birth.
Single Intended Parents
A single intended parent using their own egg or sperm is granted a PBO, establishing them as the sole parent on the birth certificate.
Couples Using Donor Gametes
This protection applies to couples where neither parent is genetically related to the child (e.g., using both an egg donor and a sperm donor). PBOs are granted in this scenario, ensuring legal parentage for married, unmarried, and same-sex couples.
Same-Sex Male Couples
These couples receive the highest level of legal security. They are granted PBOs regardless of which partner provides the genetic material. The non-biological father is recognized as a legal parent from birth, and the final birth certificate will name both individuals equally as "Parent and Parent."
Single Intended Parents (using own egg or sperm)
Eligible.
To finalize the PBO, a court hearing is required, and all parties to the surrogacy agreement, the Intended Parents and the Gestational Carrier, must attend. The CPA provides additional security by stating that any egg, sperm, or embryo donor shall have no legal rights or interest in the child ($\S 45a-775$). This comprehensive legal framework ensures security and clarity for every family built in the state.
Medical, Psychological, and Legal Requirements in Connecticut Surrogacy
For a surrogacy agreement to be legally valid under the CPA, several requirements must be met by all involved parties. Both the Gestational Carrier and the Intended Parents must undergo necessary medical and psychological evaluations and counseling to ensure they are fully prepared for the journey and understand its legal ramifications. The agreement must adhere to specific statutory guidelines.
While the CPA strongly supports gestational surrogacy, traditional surrogacy, where the carrier is genetically related to the child, is more complex and does not benefit from the same streamlined legal protections. As a result, it is often avoided due to the increased legal and emotional risks involved.
Explore the Carrying Dreams Surrogacy Heatmap
Interested in learning more about the surrogacy process in different states? Explore the Carrying Dreams Surrogacy Heatmap which highlights laws and surrogacy-friendly regions across the U.S.
If you have any inquiries about the Connecticut surrogacy law & process, feel free to CONTACT US today.
