§1931. Eligibility to enter gestational carrier agreement 1. Eligibility of gestational carrier. In order to execute an agreement to act as a gestational carrier, a woman must: A. Be at least 21 years of age; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. Have […]
§1932. Gestational carrier agreement authorized 1. Written agreement. A prospective gestational carrier who is eligible pursuant to section 1931, her spouse if she is married and the intended parent or parents may enter into a written agreement that: A. The prospective gestational carrier agrees to pregnancy by means of assisted reproduction; [PL 2015, […]
§1933. Parentage; parental rights and responsibilities If a gestational carrier agreement satisfies the requirements of this chapter: [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] 1. Parentage. The intended parent or parents are by operation of law the parent or parents of the resulting child immediately […]
§1934. Birth orders 1. Action for birth order. Pursuant to a valid gestational carrier agreement under this subchapter, before or after the birth of the resulting child a party to the gestational carrier agreement may commence a proceeding in District Court to obtain an order: A. Designating the contents of the birth certificate in […]
§1935. Exclusive, continuing jurisdiction Subject to the jurisdictional standards of section 1745, the court conducting a proceeding under this subchapter 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 of 180 days. […]
§1936. Termination of gestational carrier agreement 1. Termination of agreement; parties. 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. [PL 2015, […]
§1937. Effect of subsequent marriage 1. Agreement valid. The subsequent marriage of the gestational carrier does not affect the validity of a gestational carrier agreement. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] 2. Subsequent consent not required. The consent of the subsequent spouse of the […]
§1938. Effect of noncompliance; standard of review; remedies 1. Not enforceable. Except as otherwise provided, a gestational carrier agreement that does not meet the requirements of this subchapter is not enforceable. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] 2. Standard of review. In the event […]
§1939. Liability for payment of gestational carrier health care costs 1. Liability for health care costs. The intended parent or parents are liable for the health care costs of the gestational carrier that are not paid by her health insurance. As used in this section, “health care costs” means the expenses of all health care […]