§ 46b-535 — Parentage under validated genetic surrogacy agreement.

Connecticut § 46b-535

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

Text

(a) Upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 46b-533 or 46b-536, each intended parent is, by operation of law, a parent of the resulting child. (b) Upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 46b-533 or 46b-536 , the intended parent or parents shall file a notice with the court that validated the agreement under section 46b-533 or 46b-536 that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing: (1) Declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent or parents; (2) Declaring that the person acting as genetic surrogate and the spouse or former spouse of the person acting as surrogate, if any, are not parents of the resulting 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. 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. (c) If a child born to a person acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon sufficient findings, order genetic testing to determine the genetic parentage of the child, and shall designate which party shall pay for such testing. If the child was not conceived by assisted reproduction, parentage shall be determined in accordance with the provisions of sections 46b-450 to 46b-505 , inclusive. Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction the person acting as surrogate is not entitled to any nonexpense-related compensation paid for serving as a surrogate. (d) If an intended parent fails to file the notice required under subsection (b) of this section, the person acting as genetic surrogate may file with the court, not later than sixty days after the date of birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the person acting as genetic surrogate. On proof of a court order issued under section 46b-533 or 46b-536 validating the agreement, the court shall order that each intended parent is a parent of the child.

Legislative History

(P.A. 21-15, S. 74.) History: P.A. 21-15 effective January 1, 2022.