Two judges in Connecticut recently issued conflicting decisions in lawsuits seeking enforcement of gestational surrogacy agreements between male couples and the surrogates who helped them.
GayCityNews reports that a recent amendment to Connecticut law – governing birth certificates – specifically addresses gestational surrogacy, but does not go into effect until October 1. The timing forces courts to manage the agreements – under current law that ignores them.
Recently a judge enforced a surrogacy agreement, and ordered the State Department of Public Health to issue birth certificates naming both men as parents of twins – prior to their birth.
The day after, a second judge found that Connecticut law required the non-biological father to go through the process of adoption in probate court – prior to birth – before being listed on the birth certificates.