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Connecticut Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Connecticut surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Connecticut surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Connecticut surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Surrogacy is a common and accepted practice in Connecticut and is expressly permitted by statute.

    • Does the state have surrogacy laws and/or case law?

      Yes, statutory law permits gestational surrogacy and requires that the intended parents be on the birth certificate as the child’s legal parents. Also, case law has said that Vital Records may not refuse to list a non-biological parent on a birth certificate.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      The courts are typically favorable.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal in Connecticut and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Connecticut does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible in order to provide proper framework for dispute resolution should an issue arise.

      The intended parents and surrogate (and her spouse, if applicable) should have independent legal counsel. The surrogate must meet specific requirements. Also, the agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Yes, following a 2011 Connecticut Supreme Court decision holding that Vital Records may not refuse to list a non-biological parent on a birth certificate, pre-birth parentage orders are granted in most instances.

      Pre-birth orders are now typically easy to obtain for almost anyone, regardless of marital status, sexual orientation or genetic relationship to the child. Only in traditional surrogacy arrangements are pre-birth orders typically unavailable.

    • Can both intended parents be declared the legal parents?

      Yes. Both intended parents can be declared the legal parents in a pre-birth order, regardless of marital status or sexual orientation (although there is stronger legal support for same-sex couples if they are married or in a civil union). Additionally, it doesn’t matter whether the intended parents used donor sperm or eggs, or if they are genetically related to the child.

    • Will the state honor a pre-birth order issued by another state?

      Uncertain, but most likely.

    • What do intended parents need to know about getting the baby’s birth certificate?

      It takes several weeks after the baby’s birth to get the birth certificate. However, it can be expediated (1 week). Same-sex parents are listed on the birth certificate as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the surrogate, but this will require an additional court hearing.

    • Are post-birth adoptions permitted?

      Yes, when a parentage order can’t be obtained, including in traditional surrogacy arrangements, second parent and stepparent adoptions are allowed. However, due to the high availability of pre-birth parentage orders, a post-birth adoption is usually unnecessary.

    • Are second-parent adoptions permitted?

      Second parent adoptions are permitted and available to unmarried couples who are in a committed relationship and who share parental responsibility.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.