§ 46b-524 — Requirements of gestational or genetic surrogacy agreement: Content.

(a) A surrogacy agreement shall comply with the following requirements: (1) A person acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction. (2) Except as provided in sections 46b-531 , 46b-535 and 46b-536 , the person acting as surrogate and the spouse or former spouse, if any, of the person acting as surrogate have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement. (3) The spouse, if any, of the person acting as surrogate shall acknowledge and agree to comply with the obligations imposed on the surrogate by the surrogacy agreement. (4) Except as provided in sections 46b-529 , 46b-532 , 46b-535 and 46b-536 , the intended parent or, if there are two intended parents, each one jointly and severally, immediately upon birth of the child shall be the exclusive parent or parents of the resulting child, regardless of the number of children born or the gender or mental or physical condition of each child. (5) Except as provided in sections 46b-529 , 46b-532 , 46b-535 and 46b-536 , the intended parent or, if there are two intended parents, each parent jointly and severally, immediately upon birth of the resulting child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or the mental or physical condition of each child. (6) The surrogacy agreement shall provide for payment by the intended parent or parents of reasonable legal, medical and ancillary expenses, including: (A) Premiums for a health insurance policy that covers medical treatment and hospitalization for the person acting as surrogate unless otherwise mutually agreed upon by the parties, pursuant to the terms of the surrogacy agreement; (B) payment of all uncovered medical expenses; (C) payment of legal fees for the legal representation of the person acting as surrogate; (D) payment of life insurance premiums; and (E) any other reasonable financial arrangements mutually agreed upon by the parties, including any applicable reimbursement and compensation schedule, pursuant to the terms of the surrogacy agreement. (7) The intended parent or parents are liable for the surrogacy-related expenses of the person acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subdivision shall not be construed to supplant any health insurance coverage that is otherwise available to the person acting as surrogate or an intended parent for the coverage of health care costs. This subdivision shall not change the health insurance coverage of the person acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers a person acting as surrogate. (8) The surrogacy agreement shall not infringe on the rights of the person acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The surrogacy agreement shall not infringe upon the right of the person acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the person acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subdivision are void as against public policy. (9) The surrogacy agreement shall include information about each party's right under sections 46b-521 to 46b-538 , inclusive, to terminate the surrogacy agreement. (b) A surrogacy agreement may provide for: (1) The intended parent or parents to pay reasonable compensation to the person acting as surrogate; and (2) the intended parent or parents to pay for or reimburse reasonable expenses, including, but not limited to, medical, legal or other professional or necessary expenses related to the surrogacy agreement, including reimbursement of specific expenses if the agreement is terminated under sections 46b-521 to 46b-538 , inclusive. (c) A right created under a surrogacy agreement is not assignable and there is no third-party beneficiary of the agreement other than the resulting child.

Legislative History

(P.A. 21-15, S. 63.) History: P.A. 21-15 effective January 1, 2022.