just ran an article about a recent court case regarding surrogacy law in Connecticut. The court case was regarding legal guardianship for their two twins, Sebastiann and Lukas, now 2 years old, who were born in Connecticut through in-vitro fertilization (IVF) with a donor egg and a surrogate mother.
Because only one of the men, Anthony Raftopol, was the biological father, under family law he was the only one with full parental rights. When the couple tried to obtain a birth certificate, also naming Shawn as a legal guardian, they were told he had no legal claim to either of their children.
ABC's account quotes Anthony, who explains, "I work in another country and am on the road a lot. Shawn travels with the children and it looked like he was literally trafficking children across the border… He travels with whole file documents just to show them he is not stealing the children from me."
The 2-year-long legal battle for Anthony and Shawn Raftopol, ended this week with a happy outcome for the gay couple, legally married back in 2008 in Massachusetts. The Connecticut Supreme Court ruled that Shawn Raftopol, 40, does, indeed have full parenting rights, despite not being the biological father, because the couple had a valid surrogacy agreement. More generally, the ruling states that when two partners sign a surrogacy agreement in Connecticut, they are both entitled to having their names on the birth certificate, even if there is no direct genetic link, getting immediate recognition as a legal guardian.
This ruling sets a precedent for any couple, gay or straight, who hopes to have a child through surrogacy. Read ABC's full article