CHAPTER 803a
CHILDREN CONCEIVED THROUGH ARTIFICIAL INSEMINATION

      Sec. 45a-771. (Formerly Sec. 45-69f). Child born as a result of artificial insemination legitimate. (a) It is declared that the public policy of this state has been an adherence to the doctrine that every child born to a married woman during wedlock is legitimate.

      (b) Sections 45a-771 to 45a-779, inclusive, shall be construed as a codification and clarification of such doctrine with respect to any child conceived as a result of heterologous artificial insemination.

      (P.A. 75-233, S. 1; P.A. 76-279, S. 1; P.A. 80-476, S. 174.)

      History: P.A. 76-279 substituted "clarification" for "extension"; P.A. 80-476 divided section into Subsecs.; Sec. 45-69f transferred to Sec. 45a-771 in 1991.

      Annotation to former section 45-69f:

      Cited. 34 CS 187.

      Sec. 45a-772. (Formerly Sec. 45-69g). A.I.D. Who may perform. Consent required. (a) The technique known as heterologous artificial insemination, or artificial insemination with the semen of a donor, referred to in sections 45a-771 to 45a-779, inclusive, as A.I.D., may be performed in this state only by persons certified to practice medicine in this state pursuant to chapter 370.

      (b) A.I.D. shall not be performed unless the physician receives in writing the request and consent of the husband and wife desiring the utilization of A.I.D. for the purpose of conceiving a child or children.

      (P.A. 75-233, S. 2, 3; P.A. 80-476, S. 175.)

      History: P.A. 80-476 made minor changes in wording but no substantive change; Sec. 45-69g transferred to Sec. 45a-772 in 1991.

      Sec. 45a-773. (Formerly Sec. 45-69h). Request and consent to be filed in Probate Court. Confidentiality. (a) Whenever a child is born who was conceived by the use of A.I.D., a copy of the request and consent required under subsection (b) of section 45a-772, together with a statement of the physician who performed the A.I.D., that to the best of his knowledge the child was conceived by the use of A.I.D., shall be filed with the judge of probate in the district in which the child was born or in which the child resides.

      (b) The information contained in such statement may be disclosed only to the persons executing the consent. No other person shall have access to the information except upon order of the Probate Court for cause shown.

      (P.A. 75-233, S. 4; P.A. 76-435, S. 8, 82; P.A. 80-476, S. 176.)

      History: P.A. 76-435 made technical change; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-69h transferred to Sec. 45a-773 in 1991.

      Sec. 45a-774. (Formerly Sec. 45-69i). Status of child born as result of A.I.D. Any child or children born as a result of A.I.D. shall be deemed to acquire, in all respects, the status of a naturally conceived legitimate child of the husband and wife who consented to and requested the use of A.I.D.

      (P.A. 75-233, S. 5; P.A. 80-476, S. 177.)

      History: P.A. 80-476 added the word "to" following "consented"; Sec. 45-69i transferred to Sec. 45a-774 in 1991.

      Sec. 45a-775. (Formerly Sec. 45-69j). No rights in donor of sperm. A donor of sperm used in A.I.D., or any person claiming by or through him, shall not have any right or interest in any child born as a result of A.I.D.

      (P.A. 75-233, S. 6; P.A. 80-476, S. 178.)

      History: P.A. 80-476 rephrased section; Sec. 45-69j transferred to Sec. 45a-775 in 1991.

      Sec. 45a-776. (Formerly Sec. 45-69k). Status of child determined by jurisdiction of birth. (a) Any child conceived as a result of A.I.D. performed in Connecticut and born in another jurisdiction shall have his status determined by the law of the other jurisdiction unless the mother of the child is domiciled in Connecticut at the time of the birth of the child.

      (b) If a child is conceived by A.I.D. in another jurisdiction but is born in Connecticut to a husband and wife who, at the time of conception, were not domiciliaries of Connecticut, but are domiciliaries at the time of the birth of the child, the child shall have the same status as is provided in section 45a-774, even if the provisions of subsection (b) of section 45a-772 and section 45a-773 may not have been complied with.

      (P.A. 75-233, S. 7, 8; P.A. 76-279, S. 3, 4; P.A. 80-476, S. 179.)

      History: P.A. 76-279 clarified provisions re domicile of mother in state in Subsec. (a) and of both parents in state in Subsec. (b) at time of child's birth; P.A. 80-476 rephrased provisions and made technical corrections; Sec. 45-69k transferred to Sec. 45a-776 in 1991.

      Sec. 45a-777. (Formerly Sec. 45-69l). Inheritance by child conceived as a result of A.I.D. (a) A child born as a result of A.I.D. may inherit the estate of his mother and her consenting spouse or their relatives as though he were the natural child of the mother and consenting spouse and he shall not inherit the estate from his natural father or his relatives.

      (b) The mother and her consenting husband or their relatives may inherit the estate of a child born as a result of A.I.D., if the child dies intestate, and the natural father or his relatives shall not inherit from him.

      (P.A. 75-233, S. 9; P.A. 80-476, S. 180.)

      History: P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-69l transferred to Sec. 45a-777 in 1991.

      Sec. 45a-778. (Formerly Sec. 45-69m). Words of inheritance to apply to child conceived through A.I.D. (a) The words "child", "children", "issue", "descendant", "descendants", "heir", "heirs", "unlawful heirs", "grandchild" and "grandchildren", when used in any will or trust instrument, shall, unless the document clearly indicates a contrary intention, include children born as a result of A.I.D.

      (b) The provisions of this section shall apply to wills and trust instruments whether or not executed before, on or after October 1, 1975, unless the instrument indicates an intent to the contrary.

      (P.A. 75-233, S. 10; P.A. 80-476, S. 181.)

      History: P.A. 80-476 divided section into Subsecs. and corrected spelling of "descendant(s)"; Sec. 45-69m transferred to Sec. 45a-778 in 1991.

      Sec. 45a-779. (Formerly Sec. 45-69n). Status of child conceived through A.I.D., born prior to October 1, 1975. Nothing in sections 45a-771 to 45a-779, inclusive, shall be construed as a change or modification of the rights or status of children born before October 1, 1975, but shall be construed as a clarification and codification of the rights and status which the children had on said date.

      (P.A. 75-233, S. 12; P.A. 76-279, S. 2; P.A. 80-476, S. 182.)

      History: P.A. 76-279 rephrased provisions to delete specific reference to A.I.D. children and to require construction as "clarification and codification" of rights and status of children born before October 1, 1975; P.A. 80-476 made minor changes in wording; Sec. 45-69n transferred to Sec. 45a-779 in 1991.