Article on Connecticut’s Parentage Test

Jennifer L. Laporte (J.D., Quinnipiac University School ofLaw, 2013) recently published an article entitled, Connecticut’s Intent Test to Determine Parentage: Equality for Same-SexCouples at Last, 26 Quinnipiac Prob. L.J. 291 (2013).  Provided below is the beginning of herintroduction:

Every year, thousands of children are born through assistedreproductive technology, allowing couples who otherwise would be childless, tohave a biologically related child.  The number of childrenborn to gestational surrogates has grown substantially from 738 in 2004 to1,400 in 2008.  The rising number may be attributed in part tosame-sex couples who increasingly desire a family that is genetically relatedto one or both partners.  With the increased use of assistedreproductive technologies, however, determining the child’s legal parents hasbecome a difficult task.  Domesticrelations law generally falls under the jurisdiction of the states, yet stateshave adopted widely different views regarding the parental rights afforded tosame-sex couples. In light of these different views, states have employeddifferent ways of determining who can be a legal parent on a child’s birthcertificate.  As a consequence, afractured state-by-state approach has arisen.  This Note argues thatboth of the individuals in a same-sex relationship, who intend to be parents asa result of entering into a gestational surrogacy agreement, should be named aslegal parents on the child’s birth certificate.