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Surrogacy Laws in Connecticut

There are uncertain Connecticut surrogacy laws, but they’re favorable to surrogacy arrangements. The statutes don’t say anything about surrogacy arrangements, but different cases have looked well upon such arrangements, and there was even a case with a same-sex couple too.


Explanation; The Supreme Court of Connecticut weighed in upon a custody dispute in a case in 1998 between a wife and a husband over a child who was born to a surrogate mother with a traditional surrogacy arrangement. The surrogate mother contributed the egg biologically. The court sided with the wife, and it said that the role of the wife in bringing up the child was adequate to overcome the presumption that it is in the best interests of the child to be in the biological parent’s custody. In this instance, it would have been either the surrogate mother or the husband. The Court, however, stated explicitly that it was dealing with whether, or to how much a surrogate contract, can be enforced.

There was a case in 1998, where the Supreme Court of Connecticut decided that a trial court had jurisdiction to decide an agreement concerning adoption that dealt with a surrogate mother’s permission to terminate her parental rights. The surrogate mother had said that the contract null and void because it was not in line with official public policy. The Court stated explicitly that it wasn’t deciding on how valid surrogacy contracts were.

There was a case in 2008 where a same-sex couple had decided to use a gestational surrogate, where the surrogate mother isn’t the egg’s biological contributor, who then got pregnant with a set of twins. The Superior Court ordered five things. They said that the plaintiffs should be considered the intended parents of the children, and be adjudged and declared as such. They said that the carrier agreement concerning the gestational surrogate is irrevocable, enforceable, and valid. They said that the surrogate is not the mother of the children who were unborn. They said that the hospital put the name of the surrogate on the birth certificate. They said that the DPH make replacement birth certificates, substituting the intended parents’ names for the surrogate’s name.

Same-sex couples can currently marry in Connecticut, and it seems like the courts would look well upon surrogacy agreements involving same-sex couples.



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