Connecticut's landmark legal decision in establishing parentage for gay parents

In an unprecedented decision, the Connecticut Supreme Court ruled that two gay men could be recognized as legal parents on the birth certificate of their twins born through surrogacy. This is the first time in U.S. history that a state high court has acknowledged the parentage of two men, and it has created a new way by which persons may become legal parents.

“This is the single most important decision in the history of gay men having children through surrogacy,’ said John Weltman, Esq. (pictured), president of Circle Surrogacy, and author of an amicus brief in the case. “For a state high court to recognize the right of two gay men to be legal fathers of a child from the outset of the surrogacy process sets an incredible precedent. Furthermore, it positions Connecticut as one of the best states in the country for couples – gay and straight - to pursue gestational surrogacy with egg donation to create their family.”

Anthony Raftopol and Shawn Hargon, an American couple residing in Hungary, had a daughter through surrogacy, and were both recognized as her child’s legal father on the birth certificate. They then had twins in April 2008 through the same gestational surrogate and egg donor. When the couple petitioned the court to be named as the children’s legal parents, the court granted their petition. However, this time the Attorney General, acting on behalf of the Connecticut Department of Health, attempted to block the creation of the birth certificate, stating that parentage could only be established through conception, adoption or artificial insemination.

The Supreme Court rejected this claim, noting that according to the Department of Health’s argument, a child born to an infertile couple who had entered into a gestational agreement with egg and sperm donors and a gestational carrier would be born parentless.

MRKH Syndrome

Mr. and Mrs. XYZ first approached our clinic with their problem of Primary Infertility on 31st January 2005. The couple has been married for the past two and a half years and came to us asking for IVF with gestational surrogacy. Mrs XYZ, 30 years of age, was aware that she had a rare a congenital uterine abnormality called Mayer- Rokitansky Kustner Hauser Syndrome. Patients with MRKH syndrome have failed development of the embryonic Mullerian ducts. They have absolutely normal secondary sexual characteristics like breast development etc. Normal development of these ducts result in the formation of the uterus, cervix and the upper 2/3 of the vagina. However, failure of the same results in a variety of abnormalities, most common being vaginal atresia and agenesis of the uterus and cervix. There is however normal ovarian development and normal ovarian function.

A preliminary examination and a basic hormonal screening test were done to rule out other hormonal imbalances. The patient was then advised to keep a Basal Body Temperature chart for a month to confirm the dates of ovulation to help us plan a cycle. As soon as a we localized her cycle dates, her treatment cycle was begun and synchronized with the surrogate's cycle. She was given gonadotropin injections to stimulate her ovaries to produce multiple mature eggs. A laparoscopic Ovum pick-up was scheduled as her ovaries high in the pelvis making vaginal ovum pick-up difficult. We managed to obtain
just three mature eggs which were then fertilized with her husband's sperms and finally two embryos were transferred into the surrogate on day 2 but her pregnancy test came negative.

The patient, however, did not lose hope and decided to do another treatment cycle. We started the cycle again with a little more ovarian stimulation with fertility injections to get more eggs. The surrogate was also started on hormonal replacement therapy to prepare her uterine lining. This time we managed to obtain 10 eggs of which 9 fertilized and we transferred four embryos. The surrogate got pregnant and subsequently delivered full term twins . The treatment has fulfilled the hopes and dreams of this woman who was born without a womb. We are now in the midst of treating three other women with MRKH syndrome.