Also known as: genetic surrogates · genetic surrogacy · traditional surrogate
Written by attorneys — see sources below.
A woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using her own gamete under a genetic surrogacy agreement.
Gwen Gallagher agreed to serve as a genetic surrogate for Gabriel Gonzalez and Guillermo Guzman. She became pregnant using her own egg through assisted reproduction and gave birth to a child. A court then applied applicable state parentage statutes to determine that Gabriel and Guillermo are the legal parents of the child.
Giselle Guerrero entered a genetic surrogacy agreement with Gordon Gray and Gideon Graves. After the child was born, the intended parents petitioned the court to establish their parentage. The court recognized Gordon and Gideon as the legal parents based on the surrogacy arrangement and directed issuance of a replacement birth certificate naming them as such.
Anthony Raftopol and Shawn Hargon were domestic partners living in Bucharest, Romania. They entered into a written gestational agreement dated July 29, 2007, with Karma A. Ramey under which Ramey agreed to act as gestational carrier for the plaintiffs. Eggs were recovered from a third-party egg donor and fertilized with sperm contributed by Raftopol. Three of the resulting frozen embryos were subsequently implanted in Ramey's uterus. Ramey gave birth to two children on April 19, 2008. DNA testing confirmed that Raftopol was the biological father of the children. Pursuant to the gestational agreement, Ramey had agreed to terminate her parental rights to any children resulting from the procedures. Ramey also had agreed to sign any forms necessary for the issuance of a replacement birth certificate naming the plaintiffs as the parents of such children. Ramey further had agreed to consent to the adoption of any such children by Hargon and to cooperate fully to obtain this goal. Prior to the expected delivery date, the plaintiffs brought this action in the Superior Court seeking a declaratory judgment that the gestational agreement was valid. The plaintiffs also sought a declaration that they were the legal parents of the children. They requested that the court order the department of public health to issue a replacement birth certificate reflecting that they, and not Ramey, were parents of the children. The department responded that the court lacked jurisdiction over the matter because Hargon did not allege that he had conceived the children. The department also argued that the court lacked jurisdiction to terminate the parental rights of the gestational carrier, the egg donor, and any husbands either may have. Following a hearing, the trial court on July 24, 2008, issued a ruling declaring that the gestational agreement is valid. The trial court declared that Raftopol is the genetic and legal father of the children. The trial court declared that Hargon is the legal father of the children. The trial court declared that Ramey is not the genetic or legal mother of the children. The court therefore ordered the department to issue a replacement birth certificate pursuant to General Statutes § 7-48a. The department appealed from the judgment to the Supreme Court of Connecticut, which heard argument on March 16, 2010.
View caseA genetic surrogate uses her own gamete to become pregnant. A gestational surrogate uses gametes that are not her own. Both types of surrogacy require a valid agreement between the surrogate and the intended parents.
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A genetic surrogate must have attained twenty-one years of age before executing the agreement. This requirement ensures the surrogate possesses sufficient maturity to consent to the arrangement.
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Yes. The surrogate must have independent legal representation of her own choosing to advise her on the terms and consequences of the agreement. Representation by counsel for the intended parents or another party does not satisfy this requirement.
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The agreement is unenforceable. Courts will not recognize the intended parents as legal parents under the agreement and will instead apply default parentage rules.
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…the statutory procedures for the termination of parental rights and does not allow parties to terminate the parental rights of a traditional surrogate through judicial ratification of a surrogacy contract prior to the birth of the child. Accordingly, the contractual provisions in this case circumventing the statutory procedures for the…