On June 1, 2021, Governor Ned Lamont signed the Connecticut Parentage Act (CPA) into law. This Act revised our state’s notions of paternity and demonstrated a new focus on parentage. Parentage is gender-neutral and is concerned with all the ways a parent-child relationship may be legally recognized. Prior to 2021, Connecticut’s laws concerning who could be declared a legal parent of a child were primarily related to marriage and genetics. The CPA greatly expanded upon those notions and identified new ways to obtain declarations of parentage. Below, we have identified the ways to establish parentage under the CPA:
Marital Presumption
In Connecticut, you are presumed to be the parent of a child if you and the person who gave birth to the child are married when the child is born or the child is born within 300 days after termination of the marriage.
“Holding Out” Presumption
There is now a presumption of parentage if you reside with another legally recognized parent and the child in the same household. To establish parentage under this presumption, you must openly hold the child out as your own from the time the child is born or adopted and at least two years after. Once two years have elapsed, parentage may be declared either through court adjudication or a signing of a valid acknowledgment of parentage.
De Facto Parentage
De Facto parentage requires many circumstances to be present but presents a new way for non-biological parents to become recognized as a legal parent of their child. To establish de facto parentage, a person must reside with the child for at least one year, take on full and permanent responsibilities as a parent without expectation of financial compensation, hold the child out as their own, and have a bonded relationship with the child that is supported by the other parent. If a person can prove these things to be true, a Court may adjudicate parentage if it is in the best interest of the child.
Acknowledgement of Parentage
A birth parent may sign an acknowledgment of parentage along with a genetic parent, presumed parent, or intended parent through non-surrogacy assisted reproduction to establish the second person’s parentage. These acknowledgements carry the weight and
effectiveness of an adjudication of parentage and may only be rescinded within the first sixty days of the child’s life.
Assisted Reproduction
Assisted reproduction is inclusive of any form of reproduction that does not involve sexual intercourse, including vaginal insemination, in vitro fertilization, and surrogacy. For families forming through the use of assisted reproduction, there are certain rules that parents need to be made aware of when it comes to the role of donors. This includes the fact that a donor may not establish parentage by acknowledgment, and a donor who is not a legal parent is not responsible for the child’s financial support. Families who are conceiving a child through assisted reproduction can obtain an order from the court granting parentage, and that may be important for protecting the rights of the intended parents and the donor.
Surrogacy
Parentage can be established through genetic surrogacy (when the surrogate becomes pregnant using their own egg) or gestational surrogacy (when the surrogate becomes pregnant using an egg from a donor or intended parent) so long as there is a valid surrogacy agreement. If done correctly, neither the surrogate nor the spouse of a surrogate will be considered a parent of the child. It is important for the Probate Court to issue a parentage order when a surrogacy agreement exists, and you should consult an attorney to better identify the requirements for establishing legal parentage for the intended parents.
Have Questions? Contact Us Today!
Legal parentage can be an important aspect of building your family. Beyond the feeling of importance behind being legally recognized as the parent of your child, legal parentage helps ensure that you have all the rights that come along with being a parent. This can include making medical decisions related to your child, having standing to seek custody, and providing certain private and public benefits (including health insurance and social security) to your children, among other rights. If you have questions about parentage, you should discuss your situation with an attorney. Contact our office today to schedule a case evaluation and learn more about your rights.
