[§584A-903]  Requirements of gestational or genetic surrogacy agreement; process.  (a)  A surrogacy agreement shall be executed in compliance with the following rules:

     (1)  At least one party shall be a resident of the State or, if no party is a resident of the State, at least one medical evaluation or procedure or mental health consultation under the surrogacy agreement shall occur in the State and each party to the agreement shall consent to the jurisdiction of the courts of the State;

     (2)  A surrogate and each intended parent shall meet the requirements of section 584A-902;

     (3)  Each intended parent, the surrogate, and the surrogate's spouse, if any, shall be parties to the surrogacy agreement;

     (4)  The surrogacy agreement shall be in a record signed by each party listed in paragraph (3);

     (5)  The surrogate and each intended parent shall acknowledge, in a record, receipt of a copy of the surrogacy agreement;

     (6)  The signature of each party to the surrogacy agreement shall be attested by a notarial officer or witnessed in accordance with the laws of the jurisdiction in which the surrogacy agreement is signed;

     (7)  The surrogate, surrogate's spouse, if any, and the intended parent or parents shall have independent legal representation throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement, and each counsel shall be identified in the surrogacy agreement; provided that the surrogate and the surrogate's spouse, if any, may be jointly represented if so desired, and the intended parent or parents may be jointly represented if so desired;

     (8)  The intended parent or parents shall pay for independent legal representation for the surrogate and surrogate's spouse, if any; and

     (9)  The surrogacy agreement shall be executed before a medical procedure, including the taking of medication, occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by section 584A-902. [L 2025, c 298, pt of §2]