Confused in Connecticut. Judges issue conflicting decisions regarding gay couples and surrogates

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.