§ 46b-536 — Effect of nonvalidated genetic surrogacy agreement.

(a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 46b-533 is enforceable only to the extent provided in this section and section 46b-538. (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the date of birth of a child conceived by assisted reproduction under the agreement if, upon examination of the parties, the court finds that: (1) Sections 46b-522 to 46b-524 , inclusive, are satisfied; and (2) All parties entered into the agreement voluntarily and understand its terms. (c) A person who terminates a genetic surrogacy agreement under section 46b-534 shall file notice of the termination with the court, provided that a person may not terminate a genetic surrogacy agreement validated under this section if a gamete or embryo transfer has resulted in a pregnancy. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this section. A person who shall not notify the court of the termination of the agreement shall be subject to sanctions. (d) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 46b-533 or subsection (b) of this section is born, the person acting as genetic surrogate is not automatically a parent and the Probate Court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors set forth in subsection (a) of section 46b-475 and the intent of the parties at the time of the execution of the agreement. (e) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.

Legislative History

(P.A. 21-15, S. 75; P.A. 22-129, S. 6.) History: P.A. 21-15 effective January 1, 2022; P.A. 22-129 amended Subsec. (d) by changing “court” to “Probate Court”, effective July 1, 2022.