Tuesday, September 10, 2013
Jennifer L. Laporte (J.D., Quinnipiac University School of Law, 2013) recently published an article entitled, Connecticut’s Intent Test to Determine Parentage: Equality for Same-Sex Couples at Last, 26 Quinnipiac Prob. L.J. 291 (2013). Provided below is the beginning of her introduction:
Every year, thousands of children are born through assisted reproductive technology, allowing couples who otherwise would be childless, to have a biologically related child. The number of children born to gestational surrogates has grown substantially from 738 in 2004 to 1,400 in 2008. The rising number may be attributed in part to same-sex couples who increasingly desire a family that is genetically related to one or both partners. With the increased use of assisted reproductive technologies, however, determining the child's legal parents has become a difficult task. Domestic relations law generally falls under the jurisdiction of the states, yet states have adopted widely different views regarding the parental rights afforded to same-sex couples. In light of these different views, states have employed different ways of determining who can be a legal parent on a child's birth certificate. As a consequence, a fractured state-by-state approach has arisen. This Note argues that both of the individuals in a same-sex relationship, who intend to be parents as a result of entering into a gestational surrogacy agreement, should be named as legal parents on the child's birth certificate.