- A party to a surrogacy agreement may terminate the agreement, at any time before a gamete or an embryo transfer, by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer.
- Unless a surrogacy agreement provides otherwise, on termination of the agreement pursuant to subsection (1) of this section, the parties are released from the agreement; except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the gestational surrogate or genetic surrogate through the date of termination.
- Except in a case involving fraud, no party is liable to any other party for a penalty or liquidated damages for terminating a surrogacy agreement under this section.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 414, § 1, effective May 6.