Surrogacy in Connecticut
Surrogacy in Connecticut is rated “Friendly”. Pre-birth orders are granted to Intended Parents whether they are single or coupled, straight or same-sex and even if they have no genetic relation with the child. It is important for international clients in particular to note that they will need to come to Connecticut for a hearing, but other than that, Intended Parents should not find any other legal hassles when applying for a pre-birth order.
Jump Down this Article:
- Connecticut surrogacy at-a-glance
- Pre-birth orders in Connecticut
- Connecticut surrogacy clinics
- FAQ for surrogacy in Connecticut
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Is Surrogacy Legal in Connecticut?
Connecticut statute §7-48a legalizes gestational surrogacy and requires Intended Parents’ names to appear on the child’s birth certificate as the legal parents. IPs can be named on the birth certificate whether they’re married, unmarried, single, a couple, same-sex or heterosexual. Orders are issued even in cases where there’s no biological relationship between the child and the parents or when a sperm or egg donor has been used.
Connecticut Surrogacy Laws at a Glance
Can married couples get a pre-birth order in Connecticut?
| Question | Answer |
|---|---|
| Married heterosexual couple using own egg and own sperm | YES |
| Married heterosexual couple using an egg donor or sperm donor | YES |
| Married heterosexual couple using both an egg donor and sperm donor | YES |
Can unmarried couples get a pre-birth order in Connecticut?
Can LGBT+ couples get a pre-birth order in Connecticut?
Can single parents get a pre-birth order in Connecticut?
Pre-Birth Orders in Connecticut
Connecticut courts officially legalized pre-birth orders in a 2011 decision that allowed Vital Records to name a non-biological parent on a child’s birth certificate.
A pre-birth order is a court decision naming the intended parents as the child’s legal parents. The order is based on a signed agreement between the Intended Parents and the surrogate prior to the birth of the child. Once granted, the intended parents’ names will be placed on the birth certificate as soon as the baby is born, with no further legal process required.
Parents can be named on the birth certificate whether they’re married, unmarried, single, a couple, same-sex or heterosexual. Pre-birth orders are issued even in cases where there’s no biological relationship between the child and the parents. These rules, however, only apply to gestational surrogacy. Pre-birth orders are generally not issued in traditional arrangements. In such cases, Intended Parents have only two options – stepparent and second-parent adoptions.
The pre-birth order process begins at Week 14 of the pregnancy. Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed. A hearing is required and all parties must appear, including the surrogate and her spouse if applicable.
An egg/sperm donor does not have any parental rights over the child. An identified or anonymous donor of sperm or eggs has no right or interest in any child born as a result of the surrogacy procedure.
Post-Birth Orders in Connecticut
Connecticut law typically does not provide pre-birth orders in traditional surrogacy cases (where the surrogate is also the egg donor). In these cases, the Intended Parents must wait for a post-birth order.
A post-birth order is available in most states that do not allow Intended Parents to file a pre-birth order. Post-birth orders fulfill the same function as pre-birth orders, but they are filed about three to five days after the child’s birth.
In most cases, the surrogate is considered the child’s legal mother until the court executes a post-birth order. However, Intended Parents may have some legal options to enjoy full parental rights until the court order gets processed.
Surrogacy Contracts in Connecticut
Surrogacy contracts are enforceable and permissible in Connecticut. Surrogacy laws in the state are similar to surrogacy laws in other states. Contracts need to meet certain requirements to be considered valid.
The purpose of a surrogacy contract is to protect the rights and interests of both parties and avoid liabilities and complications. Therefore, the law requires each party to have their own attorney.
A surrogacy contract in Connecticut must include the following:
- Contract expectations – after, before, and during the process
- Surrogate compensation
- Responsibilities and rights for each party
- Potential liabilities and risks for each party
- Clauses on sensitive and potential issues like termination and selective reduction
Applicants can move ahead with the process only when the surrogacy contract is reviewed and approved by surrogacy attorneys.
Best Surrogacy Clinics in Connecticut
There are only 7 fertility clinics in Connecticut performing IVF cases and only 2 of these take on “surrogacy-type” cases on a regular basis. These are cases that involve the use of a donor egg and frozen embryo transfers.
Connecticut is a very popular option among individuals and couples interested in surrogacy. Top clinics in the state have a success rate of 54.2 percent on an average for each embryo transfer. That is quite higher than the country’s average, which stands at 46.5 percent as reported by the Centers for Disease Control.
The two clinics in the state offer impressive live-birth rates:
Frequent Questions about Surrogacy in Connecticut
Is surrogacy in Connecticut legal?
Conn.Gen.Stat.§7-48a allows gestational surrogacy and requires Intended Parents’ names to appear on the child’s birth certificate as the legal parents.
In which US states is surrogacy legal?
Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.
Are pre-birth orders possible in Connecticut?
Parents can get a certificate whether they’re married, unmarried, single, a couple, same-sex or heterosexual. Pre-birth orders are issued even in cases where there’s no biological relationship between the child and the parents or when a sperm or egg donor has been used. These rules, however, only apply to gestational surrogacy.
Are surrogacy contracts valid in Connecticut?
Surrogacy contracts are enforceable and permissible in Connecticut. Surrogacy laws in the state are similar to surrogacy laws in other states. Contracts need to meet certain requirements to be considered valid.
How much does surrogacy cost in Connecticut?
The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.
How much do surrogates earn?
SENSIBLE surrogates make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.
All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.
About the authors
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Author: William Houghton
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
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Reviewer: Leslie Lightholder
Leslie has extensive experience drafting and negotiating gestational carrier agreements, representing both intended parents and carriers. She joined the firm in 2006, and since then has exclusively practiced reproductive law, with a particular focus on gestational carrier agreements and parentage orders. She can be reached at Nichols, DeLisle & Lightholder, P.C.
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Reviewer: Victoria Ferrara
Attorney Victoria Ferrara has practiced in the courts of Connecticut and New York for the past thirty years. She chose to practice assisted reproduction technology law and surrogacy law because it allowed her to use her knowledge and skills to help create families. She can be reached at The Ferrara Law Group.
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