What You Need to Know About Surrogacy in Connecticut

What You Need to Know About Surrogacy in Connecticut

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Connecticut Surrogacy Laws and Information

Is surrogacy legal in Connecticut? Can I be a surrogate in Connecticut or an intended parent in Connecticut? What are the surrogacy laws in Connecticut?

These are normal — and important — questions for every prospective surrogate and intended parent to ask before they decide on a surrogacy in Connecticut. Surrogacy is a huge commitment that comes with potential risks and complications, so a full understanding of the surrogacy process is necessary before any Connecticut surrogacy can begin.

That’s where the surrogacy specialists at American Surrogacy can help. As experienced surrogacy professionals, we can explain the general process of surrogacy for intended parents and prospective surrogates and refer you to a trusted surrogacy attorney in Connecticut to represent your legal rights and interests during this family-building process.

To help you start learning more about surrogacy in Connecticut, we’ve answered some of the most commonly asked questions about this process below.

Q: Is surrogacy legal in Connecticut?

A: Yes. There are specific surrogacy laws in Connecticut that condone this family-building process, as they order the state vital records office to issue birth certificates to intended parents in a gestational surrogacy agreement. Therefore, intended parents in Connecticut can successfully protect their parental rights in surrogacy if they are named in a court parentage order.

If you are considering surrogacy in Connecticut as an intended parent or surrogate, know that there is a standard legal process you can follow.

Q: Is compensated surrogacy legal in Connecticut?

A: Yes. There are no surrogacy laws in Connecticut prohibiting or regulating a surrogate’s right to receive compensation for her services.

Q: Is traditional surrogacy legal in Connecticut?

A: Similarly, yes, as there are no surrogacy laws in Connecticut that prohibit traditional surrogacy. However, because of the surrogate’s relationship to the child she carries, intended parents typically cannot obtain a pre-birth order and instead must complete an adoption after birth.

Q: What does a surrogacy agreement in Connecticut cover, and how does the legal process work?

A: Connecticut surrogacy contracts are created in a similar manner as surrogacy contracts in any other state. They are designed to protect the interests and rights of both parties and anticipate any potential complications and liabilities — so each party must be represented by a separate surrogacy attorney.

When you’re creating a Connecticut surrogacy contract, make sure to look for inclusion of aspects like:

  • Surrogate compensation
  • Contact expectations before, during and after the surrogacy process
  • Rights and responsibilities for each party
  • Each party’s potential risks and liabilities
  • Agreement on sensitive issues like selective reduction and termination
  • And more

Once your Connecticut surrogacy contract is approved and finalized by your surrogacy attorneys, you can begin the medical process of surrogacy.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Connecticut?

A: As Connecticut surrogacy laws detail, surrogacy contracts in this state are permissible and enforceable in a court of law.

Q: What are the surrogacy laws in Connecticut on parentage orders?

A: Intended parents who complete a surrogacy in Connecticut have a fairly surrogacy-friendly path for establishing their parental rights. In fact, the Connecticut Supreme Court has ruled that the State Office of Vital Statistics of the Connecticut Department of Health must comply with court parentage orders even when the intended parents have no biological relationship to the child.

Therefore, it’s common practice for all intended parents — regardless of marital status or genetic connection to their child — to be able to obtain a pre-birth order in Connecticut. However, if intended parents are pursuing a traditional surrogacy in Connecticut, they will be unable to obtain a pre-birth order due to the surrogate’s genetic relationship to the baby she carries.

Q: Are there any particular laws for parents outside the U.S. 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. Intended parents from another country should always 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: Because pre-birth orders are typically available to all intended parents, an adoption is not usually needed in a Connecticut surrogacy.

However, if intended parents from Connecticut cannot obtain a pre-birth order in the state in which their surrogate delivers, they 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: As mentioned, intended parents can usually obtain a pre-birth order for a surrogacy in Connecticut, even if a donated gamete is used in the conception of a child. 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.”

Q: Are there any additional laws impacting same-sex surrogacy in Connecticut?

A: No. Under Connecticut surrogacy laws, LGBT intended parents are treated the same as heterosexual intended parents.

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As you can see, surrogacy in Connecticut is a safe and popular way for intended parents to build their families and for prospective surrogates to help bring a child into the world. At American Surrogacy, we welcome intended parents and surrogates from this state to our agency program, whether they are searching for a surrogacy partner within their state or from elsewhere in the United States.

To learn more about our services and our agency program, please contact American Surrogacy at 1-800-875-2229(BABY) today.

This article is not intended to be and should not be taken as legal advice. While American Surrogacy has made every effort to provide accurate information about surrogacy in Connecticut, surrogacy laws are always subject to change. For the most updated information about Connecticut surrogacy laws, please contact a local surrogacy attorney in this state.