The Connecticut Senate last night unanimously passed the Connecticut Parentage Act (CPA), landmark legislation to update the state’s laws and better protect all children, regardless of the circumstances of their birth or the marital status, gender, or sexual orientation of their parents. Among other things, it gives nonbiological/nongestational parents a simpler way to establish a legal parent-child relationship, without a home study or court hearing. The bill passed the House last month and now goes to Governor Ned Lamont (D) for signing.
Connecticut had been the only New England state that left children born to non-biological, non-marital parents wholly unprotected in its parentage laws. The CPA will remedy that. It will also set standards to protect parents, child, and surrogate in families formed through surrogacy and remove gender-specific language from parentage laws.
Notably, too, it will allow both married and unmarried same-sex couples, like different-sex couples, to file a simple Acknowledgment of Parentage form to establish a legal parent-child relationship for the nonbiological/nongestational parent at the time of a child’s birth, without needing a home study or court hearing.
Professor Douglas NeJaime of Yale Law School, a Connecticut native and principal drafter of the bill (and also a queer dad) explained during the House hearing that under federal law, “the Acknowledgement of Parentage is required to get full faith and credit from other states. That is why same-sex couples in our state would no longer need to adopt their own children.” While married same-sex couples can both be put on their children’s birth certificates, “birth certificates are evidence of parentage, but they do not establish parentage,” and so they do not get full faith and credit. This is why even married same-sex couples have long been advised to do confirmatory (second-parent) adoptions even if both parents are on the birth certificate. An Acknowledgement of Parentage form would in theory alleviate the need for confirmatory adoptions—but for more about them, see my piece from last August.
The effort to pass the CPA has been led by the WE CARE Coalition, consisting of families, legal advocates, and community organizations, spearheaded by a Yale Law School clinic and GLAD. Like similar legislation that has passed in Maine, Washington, Vermont, California, and Rhode Island, the CPA is based on model legislation by the Uniform Law Commission, a non-partisan body of state lawmakers, judges, scholars, and lawyers. The bill has had wide support among child advocates, legal organizations, LGBTQ groups, and medical experts. While Gov. Lamont is expected to sign it, no signing date has been set yet.
The bill will have a real and significant impact on many children and families, as was evident from testimony during the House hearing last March. Fun fact: children born through assisted reproduction account for four percent of all Connecticut births.
“This is a historic and long overdue moment for Connecticut—finally all children will be given equal protection under the law, and all parents will be recognized when their child is born,” said Senator Alex Kasser, (Connecticut 36th district), lead Senate sponsor of the bill. “This bill confirms that there is no place for discrimination in Connecticut. I’m honored to have played a small part in this landmark victory.”
[pullquote]This bill, once signed, will make Connecticut parentage law fair and constitutional and will make LGBTQ parents and their children across the state more secure.[/pullquote]“We are now on the cusp of a Connecticut where all families are treated equally, regardless of gender, sexual orientation, or marital status,” said Professor NeJaime. “This bill, once signed, will make Connecticut parentage law fair and constitutional and will make LGBTQ parents and their children across the state more secure. We look forward to celebrating that day soon.”
“With this vote the Senate has recognized that every child in Connecticut deserves the security of a legal relationship to their parents, and that the full diversity of Connecticut families should be protected and celebrated,” said Polly Crozier, senior staff attorney with GLBTQ Legal Advocates & Defenders (GLAD; and also a queer mom). “We’re grateful to the leadership of Senator Kasser and Senator Winfield, to lead sponsor Rep. Currey and all of our sponsors and supporters in both the Senate and House, and to every Senator who voted today to protect children. We are hopeful that Governor Lamont will act quickly to sign this critical bill into law.”
On a personal note, I grew up in Connecticut and am absolutely thrilled to see this progress in the state. Congratulations and thank you to all of those involved in the bill’s passage, from a fellow Nutmegger.
With the Connecticut legislation passed, expect LGBTQ and family advocates in New England to turn next to Massachusetts, where the Massachusetts Parentage Act will update that state’s laws to ensure all children there have the security of legal parentage, regardless of the circumstances of their birth. Learn more about the Massachusetts bill and what you can do to help.
