CHAPTER 818

CONNECTICUT PARENTAGE ACT

Table of Contents

Sec. 46b-450. Short title: Connecticut Parentage Act.

Sec. 46b-451. Definitions.

Sec. 46b-452. Scope.

Sec. 46b-453. Applicable law.

Sec. 46b-454. Authorized court. Exceptions.

Sec. 46b-458. Standing to maintain proceedings.

Sec. 46b-459. Notice of proceeding.

Sec. 46b-460. Personal jurisdiction.

Sec. 46b-461. Venue.

Sec. 46b-462. Temporary order.

Sec. 46b-463. Child as party.

Sec. 46b-464. Public access to proceedings and documents filed with court.

Sec. 46b-465. Dismissal for want of prosecution.

Sec. 46b-466. Order adjudicating parentage.

Sec. 46b-467. Court authority to order name of child changed.

Sec. 46b-468. Binding effect of determination of parentage.

Sec. 46b-469. Adjudicating parentage of child with adjudicated parent.

Sec. 46b-470. Data privacy.

Sec. 46b-471. Establishment of parent-child relationship.

Sec. 46b-472. No discrimination based on marital status or gender of parent or circumstance of birth of child.

Sec. 46b-473. Consequences of establishing parentage.

Sec. 46b-474. Application of provisions to parent-child relationship.

Sec. 46b-475. Adjudicating competing claims of parentage.

Sec. 46b-476. Acknowledgement of parentage.

Sec. 46b-477. Execution of acknowledgment of parentage.

Sec. 46b-478. Rules for acknowledgment of parentage.

Sec. 46b-479. Effect of acknowledgment of parentage.

Sec. 46b-480. No filing fee.

Sec. 46b-481. Ratification barred.

Sec. 46b-482. Procedure for recission.

Sec. 46b-483. Challenge after expiration period for recission. Procedure for challenge.

Sec. 46b-484. Full faith and credit.

Sec. 46b-485. Forms for acknowledgment of parentage.

Sec. 46b-486. Release of information.

Sec. 46b-487. Adoption of regulations.

Sec. 46b-488. Presumption of parentage.

Sec. 46b-489. Adjudicating parentage of child with presumed parent.

Sec. 46b-490. (Note: This section is effective July 1, 2022.) Adjudicating claim of de facto parentage of child.

Sec. 46b-491. (Note: This section is effective July 1, 2022.) Commencement of court proceeding to adjudicate claim of de facto parentage of child.

Sec. 46b-495. Genetic testing. Definitions.

Sec. 46b-496. Scope and limitations of genetic testing.

Sec. 46b-497. Authority to order or deny genetic testing.

Sec. 46b-498. Requirements for genetic testing.

Sec. 46b-499. Report of genetic testing.

Sec. 46b-500. Challenge to genetic testing results.

Sec. 46b-501. Cost of genetic testing.

Sec. 46b-502. Additional genetic testing.

Sec. 46b-503. Adjudicating parentage of child with alleged genetic parent.

Sec. 46b-504. Confidentiality of genetic testing.

Sec. 46b-505. Admissibility of results of genetic testing.

Sec. 46b-509. Applicability.

Sec. 46b-510. Parental status of donor.

Sec. 46b-511. Parentage of child of assisted reproduction.

Sec. 46b-512. Consent to assisted reproduction.

Sec. 46b-513. Limitation on spouse's dispute of parentage.

Sec. 46b-514. Effect of certain legal proceedings regarding marriage.

Sec. 46b-515. Withdrawal of consent.

Sec. 46b-516. Parental status of deceased person.

Sec. 46b-517. Assisted reproduction: Order of parentage.

Sec. 46b-521. Surrogacy agreements. Definitions.

Sec. 46b-522. Eligibility to enter into gestational or genetic agreement.

Sec. 46b-523. Requirements of gestational or surrogacy agreement: Process.

Sec. 46b-524. Requirements of gestational or genetic surrogacy agreement: Content.

Sec. 46b-525. Effect of subsequent change of marital status of surrogate.

Sec. 46b-526. Effect of subsequent change of marital status of intended parent.

Sec. 46b-527. Exclusive, continuing jurisdiction.

Sec. 46b-528. Termination of gestational surrogacy agreement.

Sec. 46b-529. Parentage under gestational surrogacy agreement.

Sec. 46b-530. Gestational surrogacy agreement: Parentage of deceased intended parent.

Sec. 46b-531. Gestatiopnal surrogacy agreement: Judgment of parentage.

Sec. 46b-532. Effect of gestational surrogacy agreement.

Sec. 46b-533. Requirements to validate genetic surrogacy agreement.

Sec. 46b-534. Termination of genetic surrogacy agreement.

Sec. 46b-535. Parentage under validated genetic surrogacy agreement.

Sec. 46b-536. Effect of nonvalidated genetic surrogacy agreement.

Sec. 46b-537. Genetic surrogacy agreement: Parentage of deceased intended parent.

Sec. 46b-538. Breach of genetic surrogacy agreement.

Sec. 46b-542. Information about donor. Definitions.

Sec. 46b-543. Application of provisions re collection of gametes.

Sec. 46b-544. Collection of information by gamete bank or fertility clinic.

Sec. 46b-545. Declaration regarding identity disclosure.

Sec. 46b-546. Disclosure of identifying information and medical history.

Sec. 46b-547. Recordkeeping.

Sec. 46b-551. Uniformity of application and construction.

Sec. 46b-552. Relation to Electronic Signatures in Global and National Commerce Act.

Sec. 46b-553. Transitional provision.


PART I

GENERAL PROVISIONS

Sec. 46b-450. Short title: Connecticut Parentage Act. Sections 46b-450 to 46b-553, inclusive, may be cited as the Connecticut Parentage Act.

(P.A. 21-15, S. 1.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-451. Definitions. As used in sections 46b-450 to 46b-553, inclusive:

(1) “Acknowledged parent” means a person who has established a parent-child relationship under sections 46b-476 to 46b-487, inclusive.

(2) “Adjudicated parent” means a person who has been adjudicated to be a parent of a child by a court of competent jurisdiction.

(3) “Alleged genetic parent” means a person who is alleged to be, or alleges that the person is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. “Alleged genetic parent” includes an alleged genetic father and alleged genetic mother. “Alleged genetic parent” shall not include:

(A) A presumed parent;

(B) A person whose parental rights have been terminated or declared not to exist; or

(C) A donor.

(4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. “Assisted reproduction” includes:

(A) Intrauterine, intracervical or vaginal insemination;

(B) Donation of gametes;

(C) Donation of embryos;

(D) In-vitro fertilization and transfer of embryos; and

(E) Intracytoplasmic sperm injection.

(5) “Birth” includes stillbirth.

(6) “Child” means a person of any age whose parentage may be determined under sections 46b-450 to 46b-553, inclusive.

(7) “Child support agency” means the Office of Child Support Services within the Department of Social Services, established pursuant to section 17b-179, and authorized to administer the child support program mandated by Title IV-D of the Social Security Act, 42 USC 651 et seq., as amended from time to time.

(8) “Determination of parentage” means establishment of a parent-child relationship by a court adjudication or signing of a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive.

(9) “Donor” means a person who provides a gamete or gametes or an embryo or embryos intended for use in assisted reproduction, whether or not for consideration. “Donor” shall not include:

(A) A person who gives birth to a child conceived by assisted reproduction, except as provided in sections 46b-521 to 46b-538, inclusive; or

(B) A parent under sections 46b-509 to 46b-517, inclusive, or an intended parent under sections 46b-521 to 46b-538, inclusive.

(10) “Gamete” means a sperm or egg and includes any part of a sperm or egg.

(11) “Embryo” means a cell or group of cells containing a diploid component of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur.

(12) “Genetic testing” means an analysis of genetic markers to identify or exclude a genetic relationship.

(13) “Intended parent” means a person, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

(14) “Parent” means a person who has established a parent-child relationship under section 46b-471.

(15) “Parentage” or “parent-child relationship” means the legal relationship between a child and a parent of the child.

(16) “Person” means a natural person of any age.

(17) “Presumed parent” means a person who under section 46b-488 is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding.

(18) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(19) “Sign” means, with present intent to authenticate or adopt a record:

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an electronic symbol, sound or process.

(20) “Signatory” means a person who signs a record.

(21) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States. “State” includes a federally recognized Indian tribe.

(22) “Transfer” means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the person who will give birth to the child.

(23) “Witnessed” means that at least one person who is authorized to sign has signed a record to verify that the person personally observed a signatory sign the record.

(P.A. 21-15, S. 2.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-452. Scope. (a) Sections 46b-450 to 46b-553, inclusive, apply to a determination of parentage.

(b) Sections 46b-450 to 46b-553, inclusive, do not create, affect, enlarge or diminish the equitable powers of the courts of this state or parental rights or duties under the law of this state other than public act 21-15*.

(P.A. 21-15, S. 3.)

*Note: Public act 21-15 is entitled “An Act Concerning Adoption and Implementation of the Connecticut Parentage Act”. (See Reference Table captioned “Public Acts of 2021” in Volume 3 which lists the sections amended, created or repealed by this act.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-453. Applicable law. The court shall apply the law of this state to determine parentage. The applicable law shall not depend on: (1) The place of birth of the child; or (2) the past or present residence of the child.

(P.A. 21-15, S. 4.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-454. Authorized court. Exceptions. (a) Petitions to adjudicate parentage shall be filed in the Family Division of the Superior Court, except that: (1) Petitions by an alleged genetic parent seeking to establish the alleged genetic parent's parentage pursuant to section 46b-172a shall be filed in the Probate Court; (2) petitions to determine parentage after the death of the child or the person whose parentage is to be determined shall be filed in the Probate Court; (3) petitions for parentage orders under sections 46b-517, 46b-531 and 46b-535, as well as petitions to validate a genetic surrogacy agreement under sections 46b-533 and 46b-536, shall be filed in the Probate Court; and (4) petitions by the IV-D agencies, in IV-D cases, as defined in section 46b-231, and in petitions brought under sections 46b-301 to 46b-425, inclusive, shall be filed with the clerk for the Family Support Magistrate Division.

(b) If the petition is filed by the Office of Child Support Services of the Department of Social Services, the petition shall be accompanied by an affidavit of the parent whose rights have been assigned. In cases where the assignor refuses to provide an affidavit, the affidavit may be submitted by the Office of Child Support Services, provided the affidavit alone shall not support a default judgment on the issue of parentage.

(c) There shall be no right to a jury trial in an action to adjudicate parentage.

(d) A petition filed in the Superior Court or the Family Support Magistrate Court to adjudicate parentage may be brought any time prior to the child's eighteenth birthday, provided liability for support of such child shall be limited to the three years next preceding the date of the filing of any such petition.

(P.A. 21-15, S. 5.)

History: P.A. 21-15 effective January 1, 2022.

PART II

PROCEEDING TO ADJUDICATE PARENTAGE

Sec. 46b-458. Standing to maintain proceedings. Subject to the provisions of sections 46b-450 to 46b-553, inclusive, a proceeding to adjudicate parentage may be maintained by: (1) The child, if the child is eighteen years of age or older or, if the child is a minor, through a representative of the child; (2) the person who gave birth to the child, unless a court has adjudicated that such person is not a parent; (3) a person who is a parent of the child under sections 46b-450 to 46b-553, inclusive; (4) a person who seeks to be adjudicated a parent under the provisions of sections 46b-450 to 46b-553, inclusive; (5) the Department of Social Services; (6) the Department of Children and Families; (7) a person deemed by the court to have a sufficient interest to file a claim for parentage on behalf of a deceased parent; or (8) a representative authorized by the law of this state, other than sections 46b-450 to 46b-553, inclusive, to act for a person who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor.

(P.A. 21-15, S. 6.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-459. Notice of proceeding. (a) Notice of a proceeding to adjudicate parentage shall be given, by the petitioner for proceedings in the Superior Court and by the Court for proceedings in the Probate Court, to the following persons: (1) The person who gave birth to the child, unless a court has adjudicated that such person is not a parent; (2) a presumed, acknowledged or adjudicated parent of the child; (3) a person whose parentage of the child is to be adjudicated; (4) a representative authorized by the law of this state to act for a person who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor; (5) the fiduciary of an estate of deceased persons otherwise entitled to notice; (6) in proceedings involving a public assistance recipient, the Attorney General, who shall be and remain a party to any parentage proceeding and to any proceedings after judgment in such action; and (7) the Commissioner of Children and Families, in proceedings involving a child for whom a petition has been filed pursuant to section 46b-129 and who is under the care and custody or guardianship of the Department of Children and Families.

(b) A person entitled to notice under subsection (a) of this section has a right to intervene in the proceeding.

(c) Failure to provide notice in accordance with subsection (a) of this section shall not render a judgment void. Failure to provide notice in accordance with subsection (a) of this section shall not preclude a person entitled to notice under said subsection from bringing a proceeding under sections 46b-450 to 46b-553, inclusive.

(P.A. 21-15, S. 7.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-460. Personal jurisdiction. (a) A court may adjudicate a person's parentage of a child only if the court has personal jurisdiction over that person.

(b) A court of this state with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident person, or the guardian or conservator of the person consistent with the laws of this state.

(P.A. 21-15, S. 8.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-461. Venue. (a) Except as provided in subsections (b) to (d), inclusive, of this section, venue for a proceeding to adjudicate parentage is in the judicial district in which:

(1) The child resides; or

(2) If the child shall not reside in this state, the petitioner or respondent resides.

(b) In actions filed in the Probate Court by an alleged genetic parent seeking to establish the alleged genetic parent's parentage, the petition shall be filed in the probate district where the child or birth parent resides.

(c) In actions filed in the Probate Court to determine parentage after the death of the child or the person whose parentage is to be determined, the petition shall be filed in the probate district where the child, petitioner, or person whose parentage is to be determined resides or resided at the time of death.

(d) In actions filed in the Probate Court by persons seeking parentage orders under sections 46b-517, 46b-531 and 46b-535, or by persons seeking to validate a genetic surrogacy agreement under sections 46b-533 and 46b-536, the petition shall be filed in the probate district where the child or a party to the proceeding resides.

(e) In IV-D cases, as defined in section 46b-231, and in petitions brought under sections 46b-301 to 46b-425, inclusive, venue for a proceeding to adjudicate parentage is in the Family Support Magistrate Division serving the judicial district where the parent who gave birth or the alleged parent resides.

(P.A. 21-15, S. 9.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-462. Temporary order. (a) In a proceeding under sections 46b-450 to 46b-553, inclusive, a court may issue a temporary order for child support if the order is consistent with the law of this state other than the provisions of sections 46b-450 to 46b-553, inclusive, and the person ordered to pay support is: (1) A presumed parent of the child; (2) petitioning to be adjudicated a parent; (3) identified as a genetic parent through genetic testing under section 46b-502; (4) an alleged genetic parent who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be a parent of the child; or (6) a parent under sections 46b-450 to 46b-553, inclusive.

(b) A temporary order may include a provision for custody and visitation under the law of this state other than the provisions of sections 46b-450 to 46b-553, inclusive.

(P.A. 21-15, S. 10.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-463. Child as party. Except as provided in sections 46b-129, 46b-129a and 46b-172a, a minor child is a permissive party but not a necessary party to a proceeding under sections 46b-450 to 46b-553, inclusive.

(P.A. 21-15, S. 11.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-464. Public access to proceedings and documents filed with court. (a) For proceedings in the Superior Court on family relations matters as described in section 46b-1, there shall be a presumption that courtroom proceedings shall be open to the public and that documents filed with the court shall be available to the public. Closure of the courtroom in family relations matters and the sealing of files and limited disclosure of documents in family relations matters shall be in accordance with the requirements prescribed in the Connecticut Practice Book.

(b) For proceedings in Juvenile Court, access to records is governed by section 46b-124.

(c) For proceedings in the Probate Court, members of the public may observe proceedings and may view court records, unless otherwise provided by law or directed by the court.

(P.A. 21-15, S. 12.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-465. Dismissal for want of prosecution. The court may dismiss a proceeding under sections 46b-450 to 46b-553, inclusive, for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

(P.A. 21-15, S. 13.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-466. Order adjudicating parentage. (a) An order adjudicating parentage shall identify the child in a manner provided by the law of this state other than sections 46b-450 to 46b-553, inclusive.

(b) Except as provided in subsection (c) of this section, the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a proceeding under sections 46b-450 to 46b-553, inclusive. Attorney's fees awarded under this subsection may be paid directly to the attorney, and the attorney may enforce the order in the attorney's own name.

(c) The court may not assess fees, costs or expenses in a proceeding under sections 46b-450 to 46b-553, inclusive, against a child support agency of this state or another state, except as provided by the law of this state other than sections 46b-450 to 46b-553, inclusive.

(d) In a proceeding under sections 46b-450 to 46b-553, inclusive, a copy of a bill for genetic testing or prenatal or postnatal health care for the person who gave birth to the child or for the child, provided to the adverse party not later than ten days before the date of a hearing, is admissible to establish: (1) The amount of the charge billed; and (2) that the charge is reasonable and necessary.

(P.A. 21-15, S. 14.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-467. Court authority to order name of child changed. On request of a party and for good cause, the court in a proceeding under sections 46b-450 to 46b-553, inclusive, may order the name of the child changed. If the court order changing the child's name varies from the name on the child's birth certificate, the court shall order the Department of Public Health to issue an amended birth certificate.

(P.A. 21-15, S. 15.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-468. Binding effect of determination of parentage. (a) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of the applicable laws of this state, including the provisions of public act 21-15*, and any person who received notice of the proceeding are bound by the adjudication.

(b) In a proceeding for dissolution of marriage, annulment or legal separation, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of the applicable laws of this state, including the provisions of public act 21-15*, and the final order: (1) Expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or (2) provides for support of the child by a spouse unless that spouse's parentage is disclaimed specifically in the order.

(c) A determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of a person who was not a party to the earlier proceeding.

(d) A party to an adjudication of parentage may challenge the adjudication only under the law of this state other than the provisions of sections 46b-450 to 46b-553, inclusive, relating to appeal, opening or setting aside judgments or other judicial review.

(P.A. 21-15, S. 16.)

*Note: Public act 21-15 is entitled “An Act Concerning Adoption and implementation of the Connecticut Parentage Act”. (See Reference Table captioned “Public Acts of 2021” in Volume 3 which lists the sections amended, created or repealed by this act.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-469. Adjudicating parentage of child with adjudicated parent. (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by a person who was a party to the adjudication or received notice under section 46b-459, is governed by the Connecticut Practice Book and other provisions of the general statutes concerning the opening or setting aside of judgments.

(b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by a person, other than the child, who has standing under section 46b-458 and was not a party to the adjudication and did not receive notice under section 46b-459:

(1) The person shall commence the proceeding not later than two years after the effective date of the adjudication, unless the person did not know and could not reasonably have known of the person's potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced not later than one year after the date of discovery of the person's potential parentage.

(2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child.

(3) If the court permits the proceeding, the court shall adjudicate parentage under section 46b-475.

(P.A. 21-15, S. 17.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-470. Data privacy. A proceeding under sections 46b-450 to 46b-553, inclusive, is subject to the law of this state other than said sections, which govern the health, safety, privacy and liberty of a child or other person who could be affected by disclosure of information that could identify the child or other person, including address, telephone number, digital contact information, place of employment, Social Security number and the child's day care facility or school.

(P.A. 21-15, S. 18.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-471. Establishment of parent-child relationship. A parent-child relationship is established between a person and a child if:

(1) The person gives birth to the child, except as otherwise provided in sections 46b-521 to 46b-538, inclusive;

(2) There is a presumption under subdivision (1) or (2) of subsection (a) of section 46b-488 of the person's parentage of the child, unless the presumption is overcome in a judicial proceeding;

(3) There is a presumption under subdivision (3) of subsection (a) of section 46b-488, and the person is adjudicated a parent of the child or acknowledges parentage of the child under sections 46b-476 to 46b-487, inclusive;

(4) The person is adjudicated a parent of the child under section 46b-490;

(5) The person is adjudicated a parent of the child under sections 46b-495 to 46b-505, inclusive;

(6) The person adopts the child;

(7) The person acknowledges parentage of the child under sections 46b-476 to 46b-487, inclusive, unless the acknowledgment is rescinded under section 46b-482 or successfully challenged under section 46b-483;

(8) The person's parentage of the child is established under sections 46b-509 to 46b-517, inclusive;

(9) The person's parentage of the child is established under sections 46b-521 to 46b-538, inclusive; or

(10) The court is deemed to have made an adjudication of parentage pursuant to subsection (b) of section 46b-468.

(P.A. 21-15, S. 19.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-472. No discrimination based on marital status or gender of parent or circumstance of birth of child. A parent-child relationship extends equally to every child and parent, regardless of the marital status or gender of the parent or the circumstances of the birth of the child.

(P.A. 21-15, S. 20.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-473. Consequences of establishing parentage. Unless parental rights are terminated, a parent-child relationship established under sections 46b-450 to 46b-553, inclusive, applies for all purposes.

(P.A. 21-15, S. 21.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-474. Application of provisions to parent-child relationship. To the extent practicable, a provision of sections 46b-450 to 46b-553, inclusive, applicable to a father-child relationship or applicable to a mother-child relationship shall apply to any parent-child relationship, regardless of the gender of the parent.

(P.A. 21-15, S. 22)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-475. Adjudicating competing claims of parentage. (a) Except as provided in public act 21-15*, in a proceeding to adjudicate competing claims of parentage of a child by two or more persons, the court shall adjudicate parentage in the best interest of the child, based on:

(1) The age of the child;

(2) The length of time during which each person assumed the role of parent of the child;

(3) The nature of the relationship between the child and each person;

(4) The harm to the child if the relationship between the child and each person is not recognized;

(5) The basis for each person's claim to parentage of the child;

(6) Other equitable factors arising from the disruption of the relationship between the child and each person, or the likelihood of other harm to the child; and

(7) Any other factor the court deems relevant to the child's best interests.

(b) If a person challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a) of this section, the court shall consider:

(1) The facts surrounding the discovery that the person might not be a genetic parent of the child; and

(2) The length of time between the time that the person was placed on notice that the person might not be a genetic parent and the commencement of the proceeding.

(c) The court may adjudicate a child to have more than two parents under sections 46b-450 to 46b-553, inclusive, if the court finds that failure to recognize more than two parents would be detrimental to the child. A finding of detriment to the child shall not require a finding of unfitness of any parent or person seeking an adjudication of parentage. In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with a person who has fulfilled the child's physical needs and psychological needs for care and affection and has assumed the role for a substantial period.

(d) If a court has adjudicated a child to have more than two parents under sections 46b-450 to 46b-553, inclusive, the law of this state other than public act 21-15* applies to determinations of legal and physical custody of, or visitation with, such child, and to obligations to support such child. The child support guidelines established pursuant to section 46b-215 shall not apply until such guidelines have been revised to address the circumstances when a child has more than two parents, and until such revision is effective, a court of competent jurisdiction shall consider the child support guidelines and the criteria for such awards established in sections 17b-179, 17b-745, 46b-84, 46b-86, 46b-130, 46b-171, 46b-172 and 46b-215 in making or modifying orders of support of the child.

(P.A. 21-15, S. 23.)

*Note: Public act 21-15 is entitled “An Act Concerning Adoption and Implementation of the Connecticut Parentage Act”. (See Reference Table captioned “Public Acts of 2021” in Volume 3 which lists the sections amended, created or repealed by the act.

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-476. Acknowledgement of parentage. A person who gave birth to a child and an alleged genetic parent of the child, a presumed parent under section 46b-488, or an intended parent under sections 46b-509 to 46b-517, inclusive, may sign an acknowledgment of parentage to establish the parentage of the child.

(P.A. 21-15, S. 24.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-477. Execution of acknowledgment of parentage. (a) An acknowledgment of parentage under section 46b-476 shall:

(1) Be in a record signed by the person who gave birth to the child and by the person seeking to establish a parent-child relationship, and the signatures shall be attested by a notarial officer or witnessed;

(2) State that the child whose parentage is being acknowledged shall not have another acknowledged or adjudicated parent or person who is a parent of the child under sections 46b-509 to 46b-538, inclusive, other than the person who gave birth to the child;

(3) State that the child whose parentage is being acknowledged shall not, at the time of signing, have a birth certificate identifying as a parent a person other than the person who gave birth to the child or the person acknowledging parentage;

(4) State that no action is pending in which the child's parentage is at issue, unless all parties to the action agree to the establishment of the signatory's parentage pursuant to the acknowledgment; and

(5) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances.

(b) An acknowledgment of parentage shall not be binding unless, prior to the signing of any acknowledgment of parentage, the signatories are given oral and written notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing such acknowledgment.

(1) The notice to both signatories shall explain:

(A) The right to rescind the acknowledgment, as set forth in section 46b-482, including the address where such notice of rescission should be sent;

(B) That the acknowledgment cannot be challenged after sixty days, except in court or before a family support magistrate upon a showing of fraud, duress or material mistake of fact;

(C) That the acknowledgment of parentage may result in rights of custody and visitation for the acknowledged parent, as well as a duty of financial support from the acknowledged parent; and

(D) That, if the person acknowledging parentage is acknowledging that they are the child's genetic parent, genetic testing is available to establish parentage with a high degree of accuracy and, under certain circumstances, at state expense; and if either person is not certain of the child's genetic parentage as it pertains to the acknowledgment of parentage, neither person should sign the form.

(2) The notice to the person acknowledging parentage shall include, but not be limited to:

(A) Notice that the person will be liable for the child's financial and medical support at least until the child's eighteenth birthday; that such support shall be enforced by income withholding; and that failure to provide such support could result in a civil or criminal court proceeding being brought against the person.

(B) Notice that, if the person acknowledging parentage is acknowledging that they are the child's genetic parent, that person has the right to contest parentage, including the right to appointment of counsel, a genetic test to determine parentage and a trial by the Superior Court or a family support magistrate.

(c) An acknowledgment of parentage is void if, at the time of signing:

(1) A person, other than the person who gave birth to the child or the person seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under sections 46b-509 to 46b-538, inclusive;

(2) The child whose parentage is being acknowledged has a birth certificate identifying as a parent a person other than the person who gave birth to the child or the person acknowledging parentage; or

(3) An action is pending in which the child's parentage is at issue, unless all parties to the action agree to the establishment of the signatory's parentage pursuant to the acknowledgment.

(P.A. 21-15, S. 25.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-478. Rules for acknowledgment of parentage. (a) An acknowledgment of parentage may be signed before or after the birth of the child, except that an acknowledgment signed by a presumed parent under subdivision (3) of subsection (a) of section 46b-488 may be signed only after the presumption is satisfied.

(b) An acknowledgment of parentage takes effect on the birth of the child or filing of the document with the Department of Public Health, whichever occurs later.

(c) An acknowledgment of parentage signed by a minor is valid if the acknowledgment complies with the provisions of sections 46b-450 to 46b-553, inclusive.

(P.A. 21-15, S. 26.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-479. Effect of acknowledgment of parentage. Except as provided in section 46b-483, an acknowledgment of parentage that complies with sections 46b-476 to 46b-487, inclusive, and is filed with the Department of Public Health is equivalent to an adjudication by the Superior Court of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.

(P.A. 21-15, S. 27.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-480. No filing fee. The Department of Public Health may not charge a fee for filing an acknowledgment of parentage.

(P.A. 21-15, S. 28.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-481. Ratification barred. A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.

(P.A. 21-15, S. 29.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-482. Procedure for recission. (a) A signatory may rescind an acknowledgment of parentage by filing with the Department of Public Health a rescission in a signed record that is attested by a notarial officer or witnessed, before the earlier of:

(1) Sixty days after the effective date of the acknowledgment under section 46b-478; or

(2) The date of the first hearing before a court in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the child, including a proceeding that establishes support.

(b) If an acknowledgment of parentage is rescinded under subsection (a) of this section, the Department of Public Health shall notify the person who gave birth to the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection shall not affect the validity of the rescission.

(P.A. 21-15, S. 30.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-483. Challenge after expiration period for recission. Procedure for challenge. (a) After the period for rescission under section 46b-482 expires, an acknowledgment of parentage may be challenged only on the basis of fraud, duress or material mistake of fact which, in cases in which the acknowledgment has been signed by the birth parent and an alleged genetic parent, may include evidence that the alleged genetic parent is not the genetic parent. A party challenging an acknowledgment of parentage has the burden of proof.

(b) Every signatory to an acknowledgment of parentage shall be made a party to a proceeding to challenge the acknowledgment.

(c) By signing an acknowledgment of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment, effective on the filing of the acknowledgment with the Department of Public Health.

(d) During the pendency of a challenge to the acknowledgment of parentage, any responsibilities, including the duty to pay child support, arising from the acknowledgment shall continue except for good cause shown.

(e) If the court or family support magistrate determines that the challenger has met the challenger's burden of proof under subsection (a) of this section, the acknowledgment of parentage shall be set aside only if such court or family support magistrate determines that doing so is in the best interest of the child, based on the relevant factors set forth in section 46b-475.

(f) If the court or family support magistrate determines that the requirements of subsections (a) and (e) of this section are satisfied, the court or family support magistrate shall order the Department of Public Health to amend the birth record of the child to reflect the legal parentage of the child.

(g) In cases involving a child who is or has been supported by the state, whenever the court or family support magistrate finds that the person challenging the acknowledgment of parentage is not a parent because such person has met the burden of proof under subsections (a) and (e) of this section, the Department of Social Services shall refund to such person any money paid by such person to the state during any period such child was supported by the state.

(P.A. 21-15, S. 31.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-484. Full faith and credit. This state shall give full faith and credit to an acknowledgment of parentage effective in another state if the acknowledgment was in a signed record and otherwise complies with the law of the other state.

(P.A. 21-15, S. 32.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-485. Forms for acknowledgment of parentage. (a) The Department of Public Health shall prescribe forms for an acknowledgment of parentage. Such forms shall include the minimum requirements specified by the Secretary of the United States Department of Health and Human Services, contained in 45 CFR 303.5, as amended from time to time, and shall be in compliance with the provisions of public act 21-15*. Any acknowledgment or rescission executed in accordance with this subsection shall be filed in the parentage registry established and maintained by the Department of Public Health under section 19a-42a.

(b) A valid acknowledgment of parentage is not affected by a later modification of the form under subsection (a) of this section.

(P.A. 21-15, S. 33.)

*Note: Public act 21-15 is entitled “An Act Concerning Adoption and Implementation of the Connecticut Parentage Act”. (See Reference Table captioned “Public Acts of 2021” in Volume 3 which lists the sections amended, created or repealed by the act.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-486. Release of information. The Department of Public Health may release information relating to an acknowledgment of parentage to a signatory of the acknowledgment, the child if such child is eighteen years of age or older, a guardian of the person whose parentage is acknowledged, an attorney representing a person to whom such information may be released, a court, a federal agency, an authorized representative of the Department of Social Services, the child support agency of this state, any agency acting under a cooperative or purchase of service agreement with the child support agency of this state, and the child support agency of another state.

(P.A. 21-15, S. 34)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-487. Adoption of regulations. The Commissioner of Public Health may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of sections 46b-476 to 46b-486, inclusive.

(P.A. 21-15, S. 35.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-488. Presumption of parentage. (a) Except as otherwise provided in sections 46b-450 to 46b-553, inclusive, a person is presumed to be a parent of a child if:

(1) The person and the person who gave birth to the child are married to each other and the child is born during the marriage, whether the marriage is or could be declared invalid;

(2) The person and the person who gave birth to the child were married to each other and the child is born not later than three hundred days after the date on which the marriage is terminated by death, dissolution or annulment, or after a decree of separation; or

(3) The person, jointly with another parent, resided in the same household with the child and openly held out the child as the person's own child from the time the child was born or adopted and for a period of at least two years thereafter, including any period of temporary absence.

(b) The parentage of a presumed parent under subdivision (3) of subsection (a) of this section shall be established by a court adjudication or signing of a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive.

(c) A presumption of parentage under this section may be overcome only by court order under section 46b-489, and competing claims to parentage shall be resolved under section 46b-475.

(d) For presumed parents who establish parentage by signing a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive, the attestations provided in the acknowledgment shall fully satisfy the requirements of the presumption and no additional evidence shall be required.

(e) In a proceeding pending before the Probate Court brought under sections 45a-603 to 45a-622, inclusive, and sections 45a-715 to 45a-717, inclusive, if notice is given to a presumed parent under this section and such presumed parent's parentage has not been established by a court adjudication or signing of a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive, the Probate Court shall have jurisdiction over the presumed parent's parentage determination.

(f) In a proceeding pending before the civil session of the superior court for juvenile matters, regarding a child for whom a petition under section 46b-129 has been filed, a presumed parent under subdivision (3) of subsection (a) of this section, identified as such by an existing parent or by the child and not having established parentage by a court adjudication or signing of a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive, shall be given notice of the proceeding, but shall not be treated as a parent until the signing of a valid acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive, or a court adjudication that the person is a parent. The juvenile court in which the petition under section 46b-129 is pending shall have jurisdiction over such person's parentage determination and the Department of Children and Families shall have standing to request such parentage determination.

(P.A. 21-15, S. 36.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-489. Adjudicating parentage of child with presumed parent. (a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced: (1) Before the child reaches eighteen years of age; or (2) after the child reaches eighteen years of age, but only if the child initiates the proceeding.

(b) Except as provided in subsection (e) of this section, a presumption of parentage under section 46b-488 cannot be overcome after the child attains two years of age unless the court determines:

(1) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent's child; or

(2) The child has more than one presumed parent; or

(3) The alleged genetic parent did not know of the potential genetic parentage of the child and could not reasonably have known on account of material misrepresentation or concealment, and the alleged genetic parent commences a proceeding to challenge a presumption of parentage under section 46b-488 not later than one year after the date of discovering the potential genetic parentage. If the person is adjudicated to be the genetic parent of the child, the court may not disestablish a presumed parent.

(c) The following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the person who gave birth to the child is the only other person with a claim to parentage of the child:

(1) If no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child.

(2) If the presumed parent is identified under section 46b-500 as a genetic parent of the child and that identification is not successfully challenged under said section, the court shall adjudicate the presumed parent to be a parent of the child.

(3) If the presumed parent is not identified under section 46b-500 as a genetic parent of the child and the presumed parent or the person who gave birth to the child challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under subsections (a) and (b) of section 46b-475.

(d) Subject to the limitations set forth in this section and section 46b-488, if in a proceeding to adjudicate a presumed parent's parentage of a child, another person in addition to the person who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under section 46b-475.

(e) A presumption of parentage under subdivision (3) of subsection (a) of section 46b-488, can be challenged if such other parent openly held out the child as the presumed parent's child due to duress, coercion or threat of harm. Evidence of duress, coercion or threat of harm may include: (1) Whether within the ten-year period preceding the date of the proceeding, the presumed parent: (A) Has been convicted of domestic assault, sexual assault or sexual exploitation of the child or a parent of the child; (B) has been convicted of a family violence crime, as defined in section 46b-38a; (C) is or has been subject to an order of protection pursuant to sections 46b-15, 46b-16a, 46b-38c, or 54-1k; (D) was found to have committed abuse against the child or a parent of the child; or (E) was substantiated for abuse against the child or a parent of the child; (2) a sworn affidavit from a domestic violence counselor or sexual assault counselor, as defined in section 52-146k, provided the person who had confidential communications with the domestic violence counselor or sexual assault counselor has waived the privilege, in which case disclosure shall be made pursuant to section 52-146k; or (3) other credible evidence of abuse against the parent of the child or the child, including, but not limited to, the parent's or child's sworn affidavit or an affidavit from a social service provider, health care provider, clergy person, attorney, or other professional from whom the parent or child sought assistance regarding the abuse.

(P.A. 21-15, S. 37.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-490. (Note: This section is effective July 1, 2022.) Adjudicating claim of de facto parentage of child. (a) In a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, if there is only one other person who is a parent or has a claim to parentage of the child, the court shall adjudicate the person who claims to be a de facto parent to be a parent of the child if the person demonstrates by clear and convincing evidence that:

(1) The person resided with the child as a regular member of the child's household for at least one year, unless the court finds good cause to accept a shorter period of residence as a regular member of the child's household;

(2) The person engaged in consistent caretaking of the child which may include regularly caring for the child's needs and making day-to-day decisions regarding the child individually or cooperatively with another legal parent;

(3) The person undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;

(4) The person held out the child as the person's child;

(5) The person established a bonded and dependent relationship with the child that is parental in nature;

(6) Another parent of the child fostered or supported the bonded and dependent relationship required under subdivision (5) of this subsection; and

(7) Continuing the relationship between the person and the child is in the best interest of the child.

(b) A parent of the child may use evidence of duress, coercion or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as described in subdivision (6) of subsection (a) of this section. Such evidence may include: (1) Whether within a ten-year period preceding the date of the proceeding, the person seeking to be adjudicated a de facto parent: (A) Has been convicted of domestic assault, sexual assault or sexual exploitation of the child or a parent of the child; (B) has been convicted of a family violence crime, as defined in section 46b-38a; (C) is or has been subject to an order of protection pursuant to sections 46b-15, 46b-16a, 46b-38c, or 54-1k; (D) was found to have committed abuse against the child or a parent of the child; or (E) was substantiated for abuse against the child or a parent of the child; (2) a sworn affidavit from a domestic violence counselor or sexual assault counselor, as defined in section 52-146k, provided the person who had confidential communications with the domestic violence counselor or sexual assault counselor has waived the privilege, in which case disclosure shall be made pursuant to section 52-146k; or (3) other credible evidence of abuse against the parent of the child or the child, including, but not limited to, the parent's or child's sworn affidavit or an affidavit from a social service provider, health care provider, clergy person, attorney, or other professional from whom the parent or child sought assistance regarding the abuse.

(c) Subject to other limitations set forth in this section and section 46b-491, if, in a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, there is more than one other person who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (a) of this section are satisfied, the court shall adjudicate parentage under section 46b-475, provided the adjudication of a person as a de facto parent under this section shall not disestablish the parentage of any other parent, nor limit any other parent's rights under the laws of this state.

(P.A. 21-15, S. 38.)

History: P.A. 21-15 effective July 1, 2022.

Sec. 46b-491. (Note: This section is effective July 1, 2022.) Commencement of court proceeding to adjudicate claim of de facto parentage of child. (a) A proceeding to establish parentage of a child under this section may be commenced only by a person who: (1) Is alive when the proceeding is commenced; and (2) claims to be a de facto parent of the child.

(b) A person seeking to be adjudicated a de facto parent of a child shall file a petition with the court before the child reaches eighteen years of age. The child is required to be alive at the time of the filing. The petition shall include a verified affidavit alleging facts to support the existence of a de facto parent relationship with the child. The petition and affidavit shall be served on all parents and legal guardians of the child and any other party to the proceeding.

(c) An adverse party, parent or legal guardian may file a pleading and verified affidavit in response to the petition that shall be served on all parties to the proceeding.

(d) The court shall determine on the basis of the pleadings and affidavits whether the person seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de facto parentage as provided in subsection (a) of section 46b-490 and, therefore, has standing to proceed with a parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts that are necessary and material to the issue of standing.

(e) If the child for whom the person is seeking to be adjudicated a de facto parent has two parents at the time the petition is filed and there is litigation pending between the parents at the time the petition is filed regarding custody or visitation with respect to the child, a parent may use evidence that the de facto parent action is being brought to interfere improperly in the pending litigation in order to show that allowing the action to proceed would not be in the child's best interests. Based on such evidence, the court may determine that allowing the de facto parent petition to proceed would not be in the best interests of the child and may dismiss the petition without prejudice.

(f) The court may enter an interim order concerning contact between the child and a person with standing seeking adjudication under this section and section 46b-490 as a de facto parent of the child.

(P.A. 21-15, S. 39.)

History: P.A. 21-15 effective July 1, 2022.

PART III

GENETIC TESTING

Sec. 46b-495. Genetic testing. Definitions. As used in sections 46b-495 to 46b-505, inclusive:

(1) “Combined relationship index” means the product of all tested relationship indices.

(2) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that a person identifies as the person's ancestry or part of the ancestry or that is identified by other information.

(3) “Hypothesized genetic relationship” means an asserted genetic relationship between a person and a child.

(4) “Probability of parentage” means, for the ethnic or racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

(5) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship.

(P.A. 21-15, S. 40.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-496. Scope and limitations of genetic testing. (a) Sections 46b-495 to 46b-505, inclusive, govern genetic testing of a person in a proceeding to adjudicate parentage, whether the person: (1) Voluntarily submits to testing; or (2) is tested under an order of the court or a child support agency.

(b) Genetic testing may not be used: (1) To challenge the parentage of a person who is a parent under sections 46b-509 to 46b-538, inclusive; or (2) to establish the parentage of a person who is a donor.

(P.A. 21-15, S. 41.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-497. Authority to order or deny genetic testing. (a) Except as provided in sections 46b-495 to 46b-505, inclusive, in any proceeding under sections 46b-450 to 46b-553, inclusive, to adjudicate parentage, the court or a family support magistrate shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party:

(1) Alleging a reasonable possibility that the person is the child's genetic parent; or

(2) Denying genetic parentage of the child.

(b) A child support agency shall require genetic testing only if there is no presumed, acknowledged or adjudicated parent of a child other than the person who gave birth to the child.

(c) The court, a family support magistrate or child support agency may not order in utero genetic testing.

(d) If two or more persons are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.

(e) Genetic testing of a person who gave birth to a child is not a condition precedent to testing of the child and a person whose genetic parentage of the child is being determined. If the person is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each person whose genetic parentage of the child is being adjudicated.

(f) In a proceeding to adjudicate the parentage of a child having a presumed parent or a person who claims to be a parent under section 46b-490, the court may deny a motion for genetic testing of the child and any other person after considering the factors set forth in subsections (a) and (b) of section 46b-475.

(g) If a person requesting genetic testing is barred under section 46b-469, 46b-483, 46b-489, 46b-503 or 46b-510 from establishing the person's parentage, the court shall deny the request for genetic testing.

(h) A default judgment may be ordered against a person who refuses to submit to court-mandated genetic testing under this section and in accordance with subsection (g) of section 46b-160.

(P.A. 21-15, S. 42.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-498. Requirements for genetic testing. (a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(1) The AABB, formerly known as the American Association of Blood Banks, or a successor to its functions; or

(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.

(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.

(c) Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If a person or a child support agency objects to the laboratory's choice, the following rules apply:

(1) Not later than thirty days after the date of receipt of the report of the test, the objecting person or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(2) The person or the child support agency objecting to the laboratory's choice under this subsection shall: (A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (B) engage another laboratory to perform the calculations.

(3) The laboratory may use its own statistical estimate if there is a question which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.

(d) If, after recalculation of the relationship index under subsection (c) of this section using a different ethnic or racial group, genetic testing under section 46b-500 shall not identify a person as a genetic parent of a child, the court may require a person who has been tested to submit to additional genetic testing to identify a genetic parent.

(P.A. 21-15, S. 43.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-499. Report of genetic testing. (a) A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of sections 46b-495 to 46b-505, inclusive, is self-authenticating.

(b) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony:

(1) The name and photograph of each person whose specimen has been taken;

(2) The name of the person who collected each specimen;

(3) The place and date each specimen was collected;

(4) The name of the person who received each specimen in the testing laboratory; and

(5) The date each specimen was received.

(P.A. 21-15, S. 44.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-500. Challenge to genetic testing results. (a) Subject to a challenge under subsection (b) of this section, a person is identified under sections 46b-495 to 46b-505, inclusive, as a genetic parent of a child if genetic testing complies with said sections and the results of the testing disclose: (1) The person has not less than a ninety-nine per cent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and (2) a combined relationship index of not less than one hundred to one.

(b) A person identified under subsection (a) of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of sections 46b-495 to 46b-505, inclusive, that:

(1) Excludes the person as a genetic parent of the child; or

(2) Identifies another person as a possible genetic parent of the child other than: (A) The person who gave birth to the child; or (B) the person identified under subsection (a) of this section.

(c) If more than one person other than the person who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent.

(P.A. 21-15, S. 45.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-501. Cost of genetic testing. Payment of the cost of initial genetic testing shall be made in accordance with sections 46b-168 and 46b-168a.

(P.A. 21-15, S. 46.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-502. Additional genetic testing. The court or the Office of Child Support Services of the Department of Social Services may require additional genetic testing on request of a person who contests the result of the initial testing under section 46b-500, provided if the initial genetic testing under said section identified a person as a genetic parent of the child, then no such additional testing shall be provided unless the person who contests the result of the initial testing pays in advance for the additional genetic testing.

(P.A. 21-15, S. 47.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-503. Adjudicating parentage of child with alleged genetic parent. (a) If in a proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child and the person who gave birth to the child is the only other person with a claim to parentage of the child, the court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

(1) Is identified under section 46b-500 as a genetic parent of the child and the identification is not successfully challenged under said section;

(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child;

(3) Declines to submit to genetic testing ordered by the court or a child support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;

(4) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or

(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

(b) Subject to the limitations set forth in sections 46b-495 to 46b-505, inclusive, if, in a proceeding involving an alleged genetic parent, at least one other person in addition to the person who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under section 46b-475.

(c) If in a proceeding involving an alleged genetic parent, another person other than the person who gave birth is a parent of the child, the alleged genetic parent can seek a determination that such person is the child's parent under section 46b-475, in addition to the existing parents. An adjudication of parentage under this subsection that the alleged genetic parent is a parent shall not disestablish the parentage of any other parent.

(P.A. 21-15, S. 48.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-504. Confidentiality of genetic testing. (a) Release of a report of genetic testing for parentage is controlled by the law of this state other than sections 46b-450 to 46b-553, inclusive.

(b) A person who intentionally releases an identifiable specimen of another person collected for genetic testing under sections 46b-497 to 46b-512, inclusive, for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the person who furnished the specimen, shall be fined not more than two hundred dollars or imprisoned not more than six months, or both.

(P.A. 21-15, S. 49.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-505. Admissibility of results of genetic testing. (a) Except as provided in subsection (b) of section 46b-496, the court shall admit a report of genetic testing ordered by the court under section 46b-497 as evidence of the truth of the facts asserted in the report.

(b) A party may object to the admission of a report described in subsection (a) of this section, not later than fourteen days after the date on which the party receives the report. The party shall cite specific grounds for the objection to admission.

(c) A party that objects to the results of genetic testing may call a genetic-testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying.

(d) Admissibility of a report of genetic testing is not affected by whether the testing was performed: (1) Voluntarily or under an order of the court or a child support agency; or (2) before, on or after commencement of the proceeding.

(P.A. 21-15, S. 50.)

History: P.A. 21-15 effective January 1, 2022.

PART IV

ASSISTED REPRODUCTION

Sec. 46b-509. Applicability. Sections 46b-509 to 46b-517, inclusive, do not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under sections 46b-521 to 46b-538, inclusive.

(P.A. 21-15, S. 51.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-510. Parental status of donor. A donor is not a parent of a child conceived by assisted reproduction by virtue of the donor's genetic connection. A donor may not establish the donor's parentage by signing an acknowledgment of parentage under sections 46b-476 to 46b-487, inclusive.

(P.A. 21-15, S. 52.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-511. Parentage of child of assisted reproduction. A person who consents under section 46b-512 to assisted reproduction by another person with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.

(P.A. 21-15, S. 53.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-512. Consent to assisted reproduction. (a) Except as provided in subsection (b) of this section, the consent described in section 46b-511 shall be in a record signed by a person giving birth to a child conceived by assisted reproduction and a person who intends to be a parent of the child.

(b) Failure to consent in a record as required by subsection (a) of this section, before, on or after the date of birth of the child, shall not preclude the court from finding consent to parentage if the person who gave birth or the person who intends to be a parent of the child proves by clear and convincing evidence the existence of an agreement that the person and the person giving birth intended they both would be parents of the child.

(P.A. 21-15, S. 54.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-513. Limitation on spouse's dispute of parentage. (a) Except as provided in subsection (b) of this section, a person who, at the time of a child's birth, is the spouse of the person who gave birth to the child by assisted reproduction may not challenge the person's parentage of the child unless: (1) Not later than two years after the date of birth of the child, the person commences a proceeding to adjudicate the person's parentage of the child; and (2) the court finds the person did not consent to the assisted reproduction, before, on or after the date of birth of the child, or withdrew consent under section 46b-515.

(b) A proceeding to adjudicate a spouse's parentage of a child born by assisted reproduction may be commenced at any time if the court determines:

(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2) The spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(3) The spouse never openly held out the child as the spouse's child.

(c) This section shall apply to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.

(P.A. 21-15, S. 55.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-514. Effect of certain legal proceedings regarding marriage. If a marriage of a person who gives birth to a child conceived by assisted reproduction is terminated through dissolution of marriage or annulment, or is subject to legal separation, before transfer of gametes or embryos to the person giving birth, a former spouse of the person giving birth is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a dissolution of marriage, annulment or legal separation, and the former spouse did not withdraw consent under section 46b-515.

(P.A. 21-15, S. 56.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-515. Withdrawal of consent. (a) A person who consents under section 46b-512 to assisted reproduction may withdraw consent at any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider shall not affect a determination of parentage under sections 46b-450 to 46b-553, inclusive.

(b) A person who withdraws consent under subsection (a) of this section is not a parent of the child under sections 46b-509 to 46b-517, inclusive.

(P.A. 21-15, S. 57.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-516. Parental status of deceased person. (a) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person's death shall not preclude the establishment of the person's parentage of the child if the person otherwise would be a parent of the child under sections 46b-450 to 46b-553, inclusive.

(b) If a person who consented in a record to assisted reproduction by a person who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased person is a parent of a child conceived by the assisted reproduction only if:

(1) The person executed a written document that: (A) Specifically set forth that the person's gametes may be used for posthumous conception of a child, (B) specifically provided the person who agreed to give birth with authority to exercise custody, control and use of the gametes in the event of the person's death, and (C) was signed and dated by the person and the person who agreed to give birth; and

(2) The embryo is in utero not later than one year after the date of the person's death.

(P.A. 21-15, S. 58.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-517. Assisted reproduction: Order of parentage. (a) A party consenting to assisted reproduction, a person who is a parent pursuant to sections 46b-511 to 46b-513, inclusive, an intended parent or parents or the person giving birth may commence a proceeding to obtain an order:

(1) Declaring that the intended parent or parents are the parent or parents of the resulting child immediately upon birth of the child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child; and

(2) Designating the contents of the birth certificate and directing the Department of Public Health to designate the intended parent or parents as the parent or parents of the resulting child.

(b) A proceeding under this section may be commenced before or after the date of birth of the child, though an order issued before the birth of the resulting child does not take effect unless and until the birth of the resulting child. Nothing in this subsection shall be construed to limit the court's authority to issue other orders under any other provision of the general statutes.

(c) Neither the state nor the Department of Public Health shall be a necessary party to a proceeding under this section.

(P.A. 21-15, S. 59.)

History: P.A. 21-15 effective January 1, 2022.

PART V

SURROGACY AGREEMENTS

Sec. 46b-521. Surrogacy agreements. Definitions. As used in sections 46b-521 to 46b-538, inclusive:

(1) “Genetic surrogate” means a person who is not an intended parent and who agrees to become pregnant through assisted reproduction using that person's own gamete, under a genetic surrogacy agreement as provided in sections 46b-521 to 46b-538, inclusive.

(2) “Gestational surrogate” means a person who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not that person's own, under a gestational surrogacy agreement as provided in sections 46b-521 to 46b-538, inclusive.

(3) “Surrogacy agreement” means an agreement between one or more intended parents and a person who is not an intended parent in which such person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless the context otherwise requires, “surrogacy agreement” includes an agreement with a person acting as a gestational surrogate and an agreement with a person acting as a genetic surrogate.

(P.A. 21-15, S. 60.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-522. Eligibility to enter into gestational or genetic agreement. (a) To execute an agreement to act as a gestational or genetic surrogate, a person shall:

(1) Have attained twenty-one years of age;

(2) Have previously given birth to at least one child;

(3) Complete a medical evaluation related to the surrogacy arrangement by a licensed physician;

(4) Complete a mental health evaluation by a licensed mental health professional;

(5) Have independent legal representation of the surrogate's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement; and

(6) Have or obtain a health insurance policy or other coverage for major medical treatment and hospitalization and such policy or other coverage shall be for a term that extends throughout the duration of the expected pregnancy and for eight weeks after the birth of the resulting child.

(b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:

(1) Have attained twenty-one years of age;

(2) Complete a mental health evaluation by a licensed mental health professional; and

(3) Have independent legal representation of the intended parent's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

(P.A. 21-15, S. 61.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-523. Requirements of gestational or surrogacy agreement: Process. A surrogacy agreement shall be executed in compliance with the following rules:

(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.

(P.A. 21-15, S. 62.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-524. Requirements of gestational or genetic surrogacy agreement: Content. (a) A surrogacy agreement shall comply with the following requirements:

(1) A person acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction.

(2) Except as provided in sections 46b-531, 46b-535 and 46b-536, the person acting as surrogate and the spouse or former spouse, if any, of the person acting as surrogate have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement.

(3) The spouse, if any, of the person acting as surrogate shall acknowledge and agree to comply with the obligations imposed on the surrogate by the surrogacy agreement.

(4) Except as provided in sections 46b-529, 46b-532, 46b-535 and 46b-536, the intended parent or, if there are two intended parents, each one jointly and severally, immediately upon birth of the child shall be the exclusive parent or parents of the resulting child, regardless of the number of children born or the gender or mental or physical condition of each child.

(5) Except as provided in sections 46b-529, 46b-532, 46b-535 and 46b-536, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately upon birth of the resulting child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or the mental or physical condition of each child.

(6) The surrogacy agreement shall provide for payment by the intended parent or parents of reasonable legal, medical and ancillary expenses, including: (A) Premiums for a health insurance policy that covers medical treatment and hospitalization for the person acting as surrogate unless otherwise mutually agreed upon by the parties, pursuant to the terms of the surrogacy agreement; (B) payment of all uncovered medical expenses; (C) payment of legal fees for the legal representation of the person acting as surrogate; (D) payment of life insurance premiums; and (E) any other reasonable financial arrangements mutually agreed upon by the parties, including any applicable reimbursement and compensation schedule, pursuant to the terms of the surrogacy agreement.

(7) The intended parent or parents are liable for the surrogacy-related expenses of the person acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subdivision shall not be construed to supplant any health insurance coverage that is otherwise available to the person acting as surrogate or an intended parent for the coverage of health care costs. This subdivision shall not change the health insurance coverage of the person acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers a person acting as surrogate.

(8) The surrogacy agreement shall not infringe on the rights of the person acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The surrogacy agreement shall not infringe upon the right of the person acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the person acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subdivision are void as against public policy.

(9) The surrogacy agreement shall include information about each party's right under sections 46b-521 to 46b-538, inclusive, to terminate the surrogacy agreement.

(b) A surrogacy agreement may provide for: (1) The intended parent or parents to pay reasonable compensation to the person acting as surrogate; and (2) the intended parent or parents to pay for or reimburse reasonable expenses, including, but not limited to, medical, legal or other professional or necessary expenses related to the surrogacy agreement, including reimbursement of specific expenses if the agreement is terminated under sections 46b-521 to 46b-538, inclusive.

(c) A right created under a surrogacy agreement is not assignable and there is no third-party beneficiary of the agreement other than the resulting child.

(P.A. 21-15, S. 63.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-525. Effect of subsequent change of marital status of surrogate. Unless a surrogacy agreement expressly otherwise provides:

(1) (A) The marriage of a person acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement, (B) the consent of the spouse of the person acting as surrogate is not required, and (C) the spouse of the person acting as surrogate is not a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; and

(2) The divorce, dissolution, annulment, declaration of invalidity, legal separation or separate maintenance of the person acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement.

(P.A. 21-15, S. 64.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-526. Effect of subsequent change of marital status of intended parent. Unless a surrogacy agreement expressly otherwise provides:

(1) (A) The marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, (B) the consent of the spouse of the intended parent is not required, and (C) the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement; and

(2) The divorce, dissolution, annulment, declaration of invalidity, legal separation or separate maintenance of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and the intended parents are the parents of the child.

(P.A. 21-15, S. 65.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-527. Exclusive, continuing jurisdiction. During the period after the date of execution of a surrogacy agreement until the occurrence of the earlier of the date of termination of a surrogacy agreement pursuant to the agreement terms, or ninety days after the date of birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this state conducting a proceeding under sections 46b-450 to 46b-553, inclusive, has exclusive, continuing jurisdiction over all matters arising out of the agreement. The provisions of this section do not give the court jurisdiction over a child custody proceeding or a child support proceeding if jurisdiction is not otherwise authorized by the law of this state other than the provisions of sections 46b-450 to 46b-553, inclusive.

(P.A. 21-15, S. 66.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-528. Termination of gestational surrogacy agreement. (a) A party to a gestational surrogacy agreement may terminate such agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer shall not result in a pregnancy, a party may terminate such agreement at any time before a subsequent embryo transfer, provided no party may terminate the agreement after an embryo transfer but prior to a pregnancy test at a time to be determined by a qualified healthcare provider.

(b) Unless a gestational surrogacy agreement provides otherwise, on termination of such agreement under subsection (a) of this section, the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the person acting as gestational surrogate through the date of termination of the agreement.

(c) Except in a case involving fraud, neither a person acting as gestational surrogate nor the spouse or former spouse of the person acting as surrogate, if any, is liable to the intended parent or parents for a penalty, including any costs incurred by intended parents, if any, for medical and psychological screening, or liquidated damages, for terminating a gestational surrogacy agreement under this section.

(P.A. 21-15, S. 67.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-529. Parentage under gestational surrogacy agreement. (a) Except as provided in subsection (c) of this section, subsection (b) of section 46b-530 or section 46b-532, upon birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the resulting child.

(b) Except as otherwise provided in subsection (c) of this section or section 46b-532, neither a person acting as gestational surrogate nor the spouse or former spouse of the person acting as surrogate, if any, is a parent of the resulting child.

(c) If a resulting child is alleged to be a genetic child of the person who agreed to be a gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child, the cost of which shall be covered by the intended parent or parents. If the resulting child is a genetic child of the person who agreed to be a gestational surrogate, parentage shall be determined in accordance with the provisions of sections 46b-450 to 46b-505, inclusive.

(d) Except as provided in subsection (c) of this section, subsection (b) of section 46b-530 or section 46b-532, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the gestational surrogate and the spouse or former spouse of the person acting as surrogate, if any, is a parent of the resulting child.

(P.A. 21-15, S. 68.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-530. Gestational surrogacy agreement: Parentage of deceased intended parent. (a) The provisions of section 46b-529 shall apply to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the resulting child.

(b) Except as provided in section 46b-532, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(1) The person executed a written document, which may include the surrogacy agreement, that: (A) Specifically set forth that the person's gametes may be used for posthumous conception of a child, (B) specifically provided the other intended parent with authority to exercise custody, control and use of the gametes in the event of the person's death, and (C) was signed and dated by the person and the other intended parent; and

(2) The embryo is in utero not later than one year after the date of the person's death.

(P.A. 21-15, S. 69.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-531. Gestatiopnal surrogacy agreement: Judgment of parentage. (a) Except as provided in subsection (c) of section 46b-529 or section 46b-532, a party to a gestational surrogacy agreement may initiate a proceeding for a judgment of parentage of a child conceived pursuant to the agreement at any time after the agreement has been executed by all of the parties.

(b) The petition for a judgment of parentage shall include: (1) Certification from the attorney representing the intended parent or parents and the attorney representing the person acting as surrogate that the requirements of sections 46b-522 to 46b-524, inclusive, have been met; and (2) a statement from all parties to the surrogacy agreement that they entered into the surrogacy agreement knowingly and voluntarily. The petition, including the certification and statement required by subdivisions (1) and (2) of this subsection, shall be submitted under penalty of false statement.

(c) Neither the state nor the Department of Public Health, nor the hospital where delivery is expected to occur or does occur, is a necessary party to a proceeding under subsection (a) of this section.

(d) Service of process may be waived if each party consents to waiver of service of process.

(e) Upon a finding that the petition satisfies subsection (b) of this section, the court shall issue a judgment: (1) Declaring, that upon the birth of the child born during the term of the surrogacy agreement, any intended parent is a parent of the child and ordering that parental rights, duties and custody vest immediately on the birth of the child exclusively in any intended parent; (2) Declaring, that upon the birth of the child born during the term of the surrogacy agreement, the person acting as gestational surrogate and the spouse or former spouse of the person acting as surrogate, if any, are not the parents of the child; (3) Declaring that the intended parent or parents have responsibility for the maintenance and support of the child immediately upon the birth of the child; (4) Designating the contents of the certificate of birth in accordance with subsection (b) of section 7-48a and directing the Department of Public Health to designate any intended parent as a parent of the child; and (5) If necessary, ordering that the child be surrendered to the intended parent or parents. The court may issue an order or judgment under this subsection before or after the date of birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child. Nothing in this subsection shall be construed to limit the court's authority to issue other orders under any other provision of the general statutes.

(f) In the event the certification required by subdivision (1) of subsection (b) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 46b-522 to 46b-524, inclusive, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections.

(g) An order under subsection (e) or (f) of this section shall be sufficient to satisfy the requirements in section 7-48a governing birth certificates.

(P.A. 21-15, S. 70.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-532. Effect of gestational surrogacy agreement. (a) A gestational surrogacy agreement that complies with sections 46b-522 to 46b-524, inclusive, is enforceable.

(b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that shall not comply with sections 46b-522 to 46b-524, inclusive, the court shall determine the rights and duties of the parties to the agreement, taking into account evidence of the intent of the parties at the time of execution of the agreement. Each party to the agreement and any person who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.

(c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the person acting as gestational surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.

(d) Specific performance is not a remedy available for breach by a person acting as gestational surrogate of a provision in the agreement that the person acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.

(e) Except as provided in subsection (d) of this section, if an intended parent is determined to be a parent of the resulting child, specific performance is a remedy available for:

(1) Breach of the agreement by a person acting as gestational surrogate that prevents the intended parent from exercising immediately upon birth of the child the full rights of parentage; or

(2) Breach by the intended parent that prevents the intended parent's acceptance, immediately upon birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.

(P.A. 21-15, S. 71.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-533. Requirements to validate genetic surrogacy agreement. (a) Except as otherwise provided in section 46b-536, a genetic surrogacy agreement shall be validated by a Probate Court. A proceeding to validate the agreement shall be commenced before the assisted reproduction related to the surrogacy agreement.

(b) Upon examination of the parties, the court shall issue an order validating a genetic surrogacy agreement if the court finds that:

(1) Sections 46b-522 to 46b-524, inclusive, are satisfied; and

(2) All parties entered into the agreement voluntarily and understand its terms.

(c) A person who terminates a genetic surrogacy agreement under section 46b-534 shall file notice of the termination with the court. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this section. A person who shall not notify the court of the termination of the agreement shall be subject to sanctions.

(P.A. 21-15, S. 72.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-534. Termination of genetic surrogacy agreement. (a) A party to a genetic surrogacy agreement may terminate the agreement as follows:

(1) An intended parent or person acting as genetic surrogate who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer, provided no party may terminate the agreement after a gamete or embryo transfer but prior to a pregnancy test at a time to be determined by a qualified healthcare provider. The notice of termination shall be attested by a notarial officer or witnessed.

(2) Upon sending the notice of termination, the sending party or parties to the genetic surrogacy agreement shall not undertake any medical procedure contemplated under the terms of the agreement. Upon receiving the notice of termination, the receiving party or parties to the genetic surrogacy agreement shall not undertake any medical procedure contemplated under the terms of the agreement.

(3) An intended parent or person acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under section 46b-533 or 46b-536, but before the person acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court.

(b) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement, except that any intended parent remains responsible for all expenses incurred by the person acting as genetic surrogate through the date of termination of the agreement that are reimbursable under the agreement. Unless the agreement provides otherwise, the person acting as surrogate is not entitled to any nonexpense-related compensation paid for serving as a surrogate.

(c) Except in a case involving fraud, neither a person acting as genetic surrogate nor the spouse or former spouse of the person acting as surrogate, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.

(P.A. 21-15, S. 73.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-535. Parentage under validated genetic surrogacy agreement. (a) Upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 46b-533 or 46b-536, each intended parent is, by operation of law, a parent of the resulting child.

(b) Upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 46b-533 or 46b-536, the intended parent or parents shall file a notice with the court that validated the agreement under section 46b-533 or 46b-536 that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing: (1) Declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent or parents; (2) Declaring that the person acting as genetic surrogate and the spouse or former spouse of the person acting as surrogate, if any, are not parents of the resulting child; (3) Declaring that the intended parent or parents have responsibility for the maintenance and support of the child immediately upon the birth of the child; (4) Designating the contents of the certificate of birth in accordance with subsection (b) of section 7-48a and directing the Department of Public Health to designate any intended parent as a parent of the child; and (5) If necessary, ordering that the child be surrendered to the intended parent or parents. Nothing in this subsection shall be construed to limit the court's authority to issue other orders under any other provision of the general statutes.

(c) If a child born to a person acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon sufficient findings, order genetic testing to determine the genetic parentage of the child, and shall designate which party shall pay for such testing. If the child was not conceived by assisted reproduction, parentage shall be determined in accordance with the provisions of sections 46b-450 to 46b-505, inclusive. Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction the person acting as surrogate is not entitled to any nonexpense-related compensation paid for serving as a surrogate.

(d) If an intended parent fails to file the notice required under subsection (b) of this section, the person acting as genetic surrogate may file with the court, not later than sixty days after the date of birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the person acting as genetic surrogate. On proof of a court order issued under section 46b-533 or 46b-536 validating the agreement, the court shall order that each intended parent is a parent of the child.

(P.A. 21-15, S. 74.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-536. Effect of nonvalidated genetic surrogacy agreement. (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 46b-533 is enforceable only to the extent provided in this section and section 46b-538.

(b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the date of birth of a child conceived by assisted reproduction under the agreement if, upon examination of the parties, the court finds that:

(1) Sections 46b-522 to 46b-524, inclusive, are satisfied; and

(2) All parties entered into the agreement voluntarily and understand its terms.

(c) A person who terminates a genetic surrogacy agreement under section 46b-534 shall file notice of the termination with the court, provided that a person may not terminate a genetic surrogacy agreement validated under this section if a gamete or embryo transfer has resulted in a pregnancy. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this section. A person who shall not notify the court of the termination of the agreement shall be subject to sanctions.

(d) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 46b-533 or subsection (b) of this section is born, the person acting as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors set forth in subsection (a) of section 46b-475 and the intent of the parties at the time of the execution of the agreement.

(e) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.

(P.A. 21-15, S. 75.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-537. Genetic surrogacy agreement: Parentage of deceased intended parent. (a) Except as provided in section 46b-535 or 46b-536, upon birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child whether the surviving parent is the genetic parent of the child conceived, or not, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.

(b) Except as provided in section 46b-535 or 46b-536, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(1) The person executed a written document, which may include the surrogacy agreement, that: (A) Specifically set forth that the person's gametes may be used for posthumous conception of a child, (B) specifically provided the other intended parent with authority to exercise custody, control and use of the gametes in the event of the person's death, and (C) was signed and dated by the person and the other intended parent; and

(2) The embryo is in utero not later than one year after the date of the person's death.

(P.A. 21-15, S. 76.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-538. Breach of genetic surrogacy agreement. (a) Subject to subsection (b) of section 46b-534, if a genetic surrogacy agreement is breached by a person acting as genetic surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.

(b) Specific performance is not a remedy available for breach by a person acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the person acting as surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures.

(c) Except as provided in subsection (b) of this section, specific performance is a remedy available for:

(1) Breach of a validated genetic surrogacy agreement by a person acting as genetic surrogate that prevents the intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or

(2) Breach by an intended parent that prevents the intended parent's acceptance, immediately upon birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.

(P.A. 21-15, S. 77.)

History: P.A. 21-15 effective January 1, 2022.

PART VI

INFORMATION ABOUT DONOR

Sec. 46b-542. Information about donor. Definitions. As used in sections 46b-542 to 46b-547, inclusive:

(1) “Identifying information” means: (A) The full name of a donor; (B) the date of birth of the donor; and (C) the permanent and, if different, current address of the donor at the time of the donation.

(2) “Medical history” means information regarding any: (A) Present illness of a donor; (B) past illness of the donor; and (C) social, genetic and family history pertaining to the health of the donor.

(P.A. 21-15, S. 78.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-543. Application of provisions re collection of gametes. (a) The provisions of sections 46b-542 to 46b-547, inclusive, apply only to gametes collected on or after January 1, 2022.

(b) The provisions of this section do not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation.

(P.A. 21-15, S. 79.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-544. Collection of information by gamete bank or fertility clinic. (a) A gamete bank or fertility clinic operating in this state shall collect from a donor the donor's identifying information and medical history at the time of the donation.

(b) A gamete bank or fertility clinic operating in this state that receives the gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it receives the gametes.

(c) A gamete bank or fertility clinic operating in this state shall disclose the information collected under subsections (a) and (b) of this section as provided under section 46b-546.

(P.A. 21-15, S. 80.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-545. Declaration regarding identity disclosure. (a) A gamete bank or fertility clinic operating in this state that collects gametes from a donor shall: (1) Provide the donor with information in a record about the donor's choice regarding identity disclosure; and (2) obtain a declaration from the donor regarding identity disclosure.

(b) A gamete bank or fertility clinic operating in this state shall give a donor the choice to sign a declaration, attested by a notarial officer or witnessed, that either: (1) States that the donor agrees to disclose the donor's identity to a child conceived by assisted reproduction with the donor's gametes on request once the child attains eighteen years of age; or (2) states that the donor shall not agree presently to disclose the donor's identity to the child.

(c) A gamete bank or fertility clinic operating in this state shall permit a donor who has signed a declaration under subdivision (2) of subsection (b) of this section to withdraw the declaration at any time by signing a declaration under subdivision (1) of subsection (b) of this section.

(P.A. 21-15, S. 81.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-546. Disclosure of identifying information and medical history. (a) On request of a child conceived by assisted reproduction who attains eighteen years of age, a gamete bank or fertility clinic operating in this state that collected the gametes used in the assisted reproduction shall make a good faith effort to provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under subdivision (2) of subsection (b) of section 46b-545. If the donor signed and did not withdraw the declaration, the gamete bank or fertility clinic shall make a good faith effort to notify the donor, who may elect under subsection (c) of section 46b-545 to withdraw the donor's declaration.

(b) Irrespective of whether a donor signed a declaration under subdivision (2) of subsection (b) of section 46b-545, on request by a child conceived by assisted reproduction who attains eighteen years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic operating in this state that collected the gametes used in the assisted reproduction shall make a good faith effort to provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor.

(c) On request of a child conceived by assisted reproduction who attains eighteen years of age, a gamete bank or fertility clinic operating in this state that received the gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes.

(P.A. 21-15, S. 82.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-547. Recordkeeping. (a) A gamete bank or fertility clinic operating in this state that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this state other than the provisions of sections 46b-450 to 46b-553, inclusive.

(b) A gamete bank or fertility clinic operating in this state that receives gametes from another gamete bank or fertility clinic operating in this state shall maintain the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes.

(P.A. 21-15, S. 83.)

History: P.A. 21-15 effective January 1, 2022.

PART VII

MISCELLANEOUS PROVISIONS

Sec. 46b-551. Uniformity of application and construction. In applying and construing the provisions of sections 46b-450 to 46b-553, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(P.A. 21-15, S. 84.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-552. Relation to Electronic Signatures in Global and National Commerce Act. Sections 46b-450 to 46b-553, inclusive, modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede 15 USC 7001(c), or authorize electronic delivery of any of the notices described in 15 USC 7003(b).

(P.A. 21-15, S. 85.)

History: P.A. 21-15 effective January 1, 2022.

Sec. 46b-553. Transitional provision. Sections 46b-450 to 46b-553, inclusive, apply to a proceeding in which no judgment has entered before January 1, 2022, with respect to a person's parentage that has not already been adjudicated by a court of competent jurisdiction or determined by operation of law.

(P.A. 21-15, S. 86.)

History: P.A. 21-15 effective January 1, 2022.