Connecticut General Statutes 46b-523 – Requirements of gestational or surrogacy agreement: Process
A surrogacy agreement shall be executed in compliance with the following rules:
Terms Used In Connecticut General Statutes 46b-523
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
(1) Not less than one party shall be a resident of this state.
(2) The person acting as surrogate and each intended parent shall meet the requirements of section 46b-522.
(3) Each intended parent, the person acting as surrogate and the spouse, if any, of the person acting as the surrogate shall be parties to the agreement. If an intended parent is married, the intended parent’s spouse shall also be an intended parent and a party to the agreement, unless the intended parent and the spouse are legally separated.
(4) The agreement shall be in writing and signed by each party set forth in subdivision (3) of this section.
(5) The person acting as surrogate and each intended parent shall acknowledge in writing their receipt of a copy of the agreement.
(6) The signature of each party to the agreement shall be attested by a notarial officer or otherwise acknowledged and witnessed by two disinterested adults.
(7) The person acting as surrogate and, if married, the spouse of the person acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement, and each counsel shall be identified in the surrogacy agreement. A single attorney for the person acting as surrogate and the person’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct.
(8) The intended parent or parents shall pay for independent legal representation for the person acting as surrogate and the person’s spouse, if any.
(9) If the agreement provides for the payment of compensation to the person acting as surrogate, the compensation shall be placed in an escrow account prior to the commencement of any medical procedure, other than medical and mental health evaluations required by section 46b-522.
(10) The agreement shall be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical and mental health evaluations required by section 46b-522.