Legal note: This page is educational only. Connecticut counsel should confirm eligibility, jurisdiction and parentage procedure for the specific arrangement.
Eligibility for a surrogate
For a gestational or genetic surrogacy agreement, Connecticut law requires the surrogate to be at least 21, to have previously given birth, to complete a medical evaluation and a mental-health evaluation, and to have independent legal representation of her choice.
Agreement process
The law requires a written agreement signed by the required parties. At least one party must be a Connecticut resident. The surrogate and intended parent side must have independent legal representation, and signatures must be notarized or otherwise acknowledged in the manner allowed by statute.
Termination rights
Connecticut law permits a party to terminate a gestational surrogacy agreement before embryo transfer by providing notice. If a transfer does not result in pregnancy, the statute also addresses termination before a later transfer. The details should be reviewed with counsel.
Parentage
For a compliant gestational surrogacy agreement, Connecticut law generally provides that each intended parent is a parent upon birth and that the gestational surrogate and her spouse or former spouse are not parents, subject to statutory exceptions. The law also permits a proceeding for a judgment of parentage after the agreement has been executed.
Enforceability and medical autonomy
A gestational surrogacy agreement that complies with the statutory requirements is enforceable, but the statute expressly limits specific performance for provisions requiring the surrogate to become pregnant, terminate or not terminate a pregnancy, or undergo medical procedures.
Why labels are not enough
Connecticut has a detailed statute, but that does not make every arrangement identical. Residency, agreement compliance, marital status and other facts can affect the legal analysis.