§ 46b-532 — Effect of gestational surrogacy agreement.

(a) A gestational surrogacy agreement that complies with sections 46b-522 to 46b-524, inclusive, is enforceable. (b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that shall not comply with sections 46b-522 to 46b-524 , inclusive, the court shall determine the rights and duties of the parties to the agreement, taking into account evidence of the intent of the parties at the time of execution of the agreement. Each party to the agreement and any person who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement. (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the person acting as gestational surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity. (d) Specific performance is not a remedy available for breach by a person acting as gestational surrogate of a provision in the agreement that the person acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (e) Except as provided in subsection (d) of this section, if an intended parent is determined to be a parent of the resulting child, specific performance is a remedy available for: (1) Breach of the agreement by a person acting as gestational surrogate that prevents the intended parent from exercising immediately upon birth of the child the full rights of parentage; or (2) Breach by the intended parent that prevents the intended parent's acceptance, immediately upon birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.

Legislative History

(P.A. 21-15, S. 71.) History: P.A. 21-15 effective January 1, 2022.