Gestational Surrogacy Regulations in Connecticut

Overview

Gestational Surrogacy is permitted by Conn. Gen. Stat. §7-48a and expressly requires that the Intended Parents be named on the birth certificate as the child’s legal parents. Connect Vital Records issues birth certificates naming any parent named in a court parentage order for Gestational Surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IPs and/or GC are residents of Connecticut there is a basis for venue in Connecticut.*

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Connecticut:
Yes
Birth outside of Connecticut:
Yes, however, discuss with your legal counsel

Connecticut Vital Records issues birth certificates naming any parent named in a court parentage order.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Connecticut Vital Records honor a Pre-Birth Order from another state:
Yes, most likely
What is the typical time frame to obtain a birth certificate after delivery:
1 week
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Connecticut Residents:

This situation typically arises if the child is born outside of Connecticut. The parents then return to Connecticut to obtain a second parent adoption or stepparent adoption in Connecticut. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Connecticut?

Traditional Surrogacy is not expressly prohibited in Connecticut. Although it may be allowed in Connecticut because no statute or published case law prohibits it, it is not the general accepted practice.
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