Surrogacy law varies dramatically from state to state. Some states have enacted extremely prohibitive laws concerning surrogacy contracts and the rights of no-biological parents in such arrangements.
Connecticut is a comparatively surrogacy-friendly state. Couples seeking to conceive a child through surrogacy in the nutmeg state are afforded a number of protections. Today we examine the Connecticut laws surrounding gestational surrogacy.
What is gestational surrogacy?
There are two different kinds of surrogacy: traditional and gestational.
- Under the traditional method, a surrogate uses her own egg for artificial insemination with donated sperm from the intended parent.
- With gestational surrogacy, the surrogate carries a baby conceived through a donor egg and donor sperm. In such cases, the surrogate has no genetic connection to the baby. Gestational surrogacy arrangements are the most commonly used in the United States today.
Key surrogacy laws in Connecticut
Connecticut laws surrounding surrogacy are laid out in Connecticut General Statute §7-48a. Below are some noteworthy protections in the law:
- Unlike some states in the country, surrogacy contracts are legal in Connecticut. Such a contract can be provide important security for intended parents, because it can greatly diminish the risk of legal complications after the surrogate gives birth.
- In the majority of cases, the adoption process can be avoided in surrogacy arrangements by including the names of the intended parents directly on the child’s birth certificate.
- The law does not discriminate against intended parents based on genetic connection, marital status or sexual orientation.
- The law permits intended parents to become legal parents before the child is born.
In any surrogacy arrangement, it is always important for intended parents to have a legal contract in place that clearly defines the rights of each party involved. An attorney experienced in alternative reproductive can assist with this.