Sunday, April 24, 2011

Traditional Surrogacy and Connecticut law

I had an inquiry today from an Intended Parent who wishes to use a traditional surrogate from Florida. The Intended Parents reside in CT and think that they can get a pre-birth order in CT. They cannot. The recent Raftopol v. Ramie decision applies to gestational surrogacy and allows Intended Parents who are parties to a valid gestational surrogacy agreement to establish their legal parentage prior to the birth. This can be done by a proceeding in the Superior COurt. However, with a traditional surrogacy arrangement, ie, the birth mother is the genetic mother (she uses her own egg), the birth mother remains the legal mother until her rights are terminated in the probate court, and the Intended Mother must establish her legal parental rights by way of a stepparent or co-parent adoption.

0 comments:

Post a Comment