Pre-Birth Orders in Connecticut

On January 5, 2011, the Connecticut Supreme Court released its opinion in Raftopol v. Ramie in which the Justices decided that:

“Upon a court order pursuant to Sec. 7-48a, intended parents who are parties to a valid gestational agreement acquire parental status and are entitled to be named as parents on the replacement birth certificate, without respect to their biological relationship to the children.”

In Connecticut, parental rights may be accomplished by: 1) giving birth to your own child; 2) adoption; and 3) the birth of a child by way of artificial insemination. This decision now effectively adds a fourth way for parties using a gestational carrier to establish such parental rights. It is particularly welcome to gay male couples since one of the intended parents is not genetically related to the baby.  The non-genetic parent is no longer required to go through the adoption process.  Please note that this applies only to parties who have entered into a valid gestational carrier agreement.

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Disclaimer:  The information, comments and links posted on the blog do not constitute legal advice.   I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

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