§ 20-162. Contracts not approved by the court; requirements
A. In the case of any surrogacy agreement for which prior court approval has not been obtained pursuant to § 20-160, the provisions of this section and §§ 20-156 through 20-159 and §§ 20-163 through 20-165 shall apply. Any provision in a surrogacy contract that attempts to reduce the rights or responsibilities of the intended […]
§ 20-163. Miscellaneous provisions related to all surrogacy contracts
A. The surrogate shall be solely responsible for the clinical management of the pregnancy. B. After the entry of an order under subsection B of § 20-160 or upon the execution of a contract pursuant to § 20-162, the marriage of the surrogate shall not affect the validity of the order or contract, and her […]
§ 20-164. Relation of parent and child
A child whose status as a child is declared or negated by this chapter is the child only of his parent or parents as determined under this chapter, Title 64.2, and, when applicable, Chapter 3.1 (§ 20-49.1 et seq.) of this title for all purposes including, but not limited to, (i) intestate succession; (ii) probate […]
§ 20-165. Surrogate brokers prohibited; penalty; liability of surrogate brokers
A. It is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation for recruiting or procuring surrogates or to accept compensation for otherwise arranging or inducing an intended parent and surrogates to enter into surrogacy contracts in this Commonwealth. A violation of this section shall be punishable as a Class 1 […]
§ 20-166. Power of attorney to delegate parental or legal custodial powers
A. A parent or legal custodian of a child, by a properly executed power of attorney pursuant to § 20-167, may delegate to another person, for a period not to exceed 180 days, any of the powers regarding the custody, care, and property of the child except the power to consent to marriage or adoption […]
§ 20-167. Statutory form for power of attorney to delegate parental or legal custodial powers
A. A power of attorney to delegate parental or legal authority executed pursuant to this chapter shall be substantially as follows: POWER OF ATTORNEY TO DELEGATE PARENTAL OR LEGAL CUSTODIAL POWERS 1. I/We certify that I/we am/are the parent or legal custodian of: Full name of minor child: __________________________ Date of birth: __________ Full name […]
§ 20-159. Surrogacy contracts permissible
A. A surrogate, her spouse, if any, and the prospective intended parent may enter into a written agreement whereby the surrogate may relinquish all her rights and duties as parent of a child conceived through assisted conception, and the prospective intended parent may become the parent of the child as provided in subsection D or […]
§ 20-160. Petition and hearing for court approval of surrogacy contract; requirements; orders
A. Prior to the performance of assisted conception, the intended parent, the surrogate, and her spouse, if any, shall join in a petition to the circuit court of the county or city in which at least one of the parties resides. The surrogacy contract shall be signed by all the parties and acknowledged before an […]
§ 20-161. Termination of court-approved surrogacy contract
A. Subsequent to an order entered pursuant to subsection B of § 20-160, but before the surrogate becomes pregnant through the use of assisted conception, the court for cause, or the surrogate, her spouse, if any, or the intended parent, for cause, may terminate the agreement by giving written notice of termination to all other […]
§ 20-158. Parentage of child resulting from assisted conception
A. Determination of parentage, generally. — Except as provided in subsections B, C, D, and E, the parentage of any child resulting from the performance of assisted conception shall be determined as follows: 1. The gestational mother of a child is the child’s mother. 2. The spouse of the gestational mother of a child is […]