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Gay Friendly State Laws

Posted on November 21, 2014

California, Florida, Texas, Connecticut, Illinois Surrogacy State Laws:

California: In California where there is a gestational surrogacy arrangement, the intended parents are the legal parents.  Calvert v. Johnson, 5 Cal 4th 84 (1993).  In fact, the intended parents will be the legal parents, even where there is no written agreement.  In re Marriage of Buzzanca, 61 Cal.App 4th 1410, 72 Cal.Rptr.2d 280 (1998).  The parents can obtain a pre-birth order under California Uniform Parentage Act, which provides that such actions may be brought “at any time.”  Cal. Fam. Code 7630, 7650.  California is also liberal enough to uphold surrogacy arrangements in the context of a domestic partnership.

Florida: In Florida, gestational surrogacy requires a contract.  Fla Stat. 742.15.  Within 3 days of the birth the child, the intended parents must file a petition with the court to affirm their parental status.  Fla. Stat. 742.16.  Florida is generally a pro-reproductive technology state.

Texas: Texas law authorizes gestational surrogacy agreements, approved by the court.  TX Family Code Ann. 160-754.  If the agreement is validated by the court, then the intended parents will be the legal parents.  TX Family Code Ann. 160-756.  The parents must file a notice of the birth with the court within 300 days of the child’s birth, which will place the intended parent’s names on the birth certificate.  Tx Family Court Ann. 160-760.

Connecticut: An action to establish paternity can be brought before birth.  Con. Gen. Stat 46b-160.  Anecdotal evidence suggests that this procedure has been used to obtain pre-birth orders in gestational surrogacy cases to establish both maternity and paternity.

Illinois: Pursuant to the Illinois Gestational Surrogacy Act, the intended parent of a child brought to term through gestational surrogacy are the legal parents immediately upon birth.  750 lll.  Comp. Stat. 47/15(b).  The parties must enter into a surrogacy agreement. 750 lll. Comp. Stat. 47/25.  All parties must submit certified statements on prescribed forms to the Illinois Department of Public Health before the birth.  This results in a birth certificate listing the intended parents as the legal parents.

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