§ 46b-531 — Gestational surrogacy agreement: Judgment of parentage.

Connecticut § 46b-531

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 818: Connecticut Parentage Act and Parentage-Related Provisions

Text

(a) Except as provided in subsection (c) of section 46b-529 or section 46b-532, a party to a gestational surrogacy agreement may initiate a proceeding for a judgment of parentage of a child conceived pursuant to the agreement at any time after the agreement has been executed by all of the parties. (b) The petition for a judgment of parentage shall include: (1) Certification from the attorney representing the intended parent or parents and the attorney representing the person acting as surrogate that the requirements of sections 46b-522 to 46b-524 , inclusive, have been met; and (2) a statement from all parties to the surrogacy agreement that they entered into the surrogacy agreement knowingly and voluntarily. The petition, including the certification and statement required by subdivisions (1) and (2) of this subsection, shall be submitted under penalty of false statement. (c) Neither the state nor the Department of Public Health, nor the hospital where delivery is expected to occur or does occur, is a necessary party to a proceeding under subsection (a) of this section. (d) Upon a finding that the petition satisfies subsection (b) of this section, the court shall issue a judgment: (1) Declaring, that upon the birth of the child born during the term of the surrogacy agreement, any intended parent is a parent of the child and ordering that parental rights, duties and custody vest immediately on the birth of the child exclusively in any intended parent; (2) Declaring, that upon the birth of the child born during the term of the surrogacy agreement, the person acting as gestational surrogate and the spouse or former spouse of the person acting as surrogate, if any, are not the parents of the child; (3) Declaring that the intended parent or parents have responsibility for the maintenance and support of the child immediately upon the birth of the child; (4) Designating the contents of the certificate of birth in accordance with subsection (b) of section 7-48a and directing the Department of Public Health to designate any intended parent as a parent of the child; and (5) If necessary, ordering that the child be surrendered to the intended parent or parents. The court may issue an order or judgment under this subsection before or after the date of birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child. Nothing in this subsection shall be construed to limit the court's authority to issue other orders under any other provision of the general statutes. (e) In the event the certification required by subdivision (1) of subsection (b) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 46b-522 to 46b-524 , inclusive, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections. (f) An order under subsection (d) or (e) of this section shall be sufficient to satisfy the requirements in section 7-48a governing birth certificates.

Legislative History

(P.A. 21-15, S. 70; P.A. 22-129, S. 5.) History: P.A. 21-15 effective January 1, 2022; P.A. 22-129 deleted former Subsec. (d) re waiving consent to service of process, redesignated existing Subsecs. (e) to (g) as Subsecs. (d) to (f) and made a technical change in Subsec. (f), effective July 1, 2022.