§ 808. Effect of noncompliance; standard of review; remedies
§ 808. Effect of noncompliance; standard of review; remedies (a) Not enforceable. A gestational carrier agreement that does not meet the requirements of this chapter is not enforceable. (b) Standard of review. In the event of noncompliance with the requirements of this chapter or with a gestational carrier agreement, the Family Division of the Superior […]
§ 809. Liability for payment of gestational carrier health care costs
§ 809. Liability for payment of gestational carrier health care costs (a) The intended parent or parents are liable for the health care costs of the gestational carrier that are not paid by insurance. As used in this section, “health care costs” means the expenses of all health care provided for assisted reproduction, prenatal care, […]
§ 807. Gestational carrier agreement; effect of subsequent change of marital status
§ 807. Gestational carrier agreement; effect of subsequent change of marital status Unless a gestational carrier agreement expressly provides otherwise: (1) the marriage of a gestational carrier or of an intended parent after the agreement has been signed by all parties does not affect the validity of the agreement, the gestational carrier’s spouse’s consent or […]
§ 801. Eligibility to enter gestational carrier agreement
§ 801. Eligibility to enter gestational carrier agreement (a) In order to execute an agreement to act as a gestational carrier, a person shall: (1) be at least 21 years of age; (2) have completed a medical evaluation that includes a mental health consultation; (3) have had independent legal representation of the person’s own choosing […]
§ 802. Gestational carrier agreement
§ 802. Gestational carrier agreement (a) Written agreement. A prospective gestational carrier, that person’s spouse, and the intended parent or parents may enter into a written agreement that: (1) the prospective gestational carrier agrees to pregnancy by means of assisted reproduction; (2) the prospective gestational carrier and that person’s spouse have no rights and duties […]
§ 803. Parentage; parental rights and responsibilities
§ 803. Parentage; parental rights and responsibilities (a)(1) If a gestational carrier agreement satisfies the requirements of this chapter, the intended parent or parents are the parent or parents of the resulting child immediately upon the birth of the child, and the resulting child is considered the child of the intended parent or parents immediately […]
§ 804. Birth and parentage orders
§ 804. Birth and parentage orders (a) Before or after the birth of a resulting child, a party to a gestational carrier agreement may commence a proceeding in the Probate Division of the Superior Court to obtain an order and judgment of parentage doing any of the following: (1) Declaring that the intended parent or […]
§ 805. Exclusive, continuing jurisdiction
§ 805. Exclusive, continuing jurisdiction Subject to the jurisdictional standards of 15 V.S.A. § 1071, the court conducting a proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to the gestational carrier during the period governed by the agreement attains the age […]
§ 806. Termination of gestational carrier agreement
§ 806. Termination of gestational carrier agreement (a) A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties. (b) Upon termination of the gestational […]