[§584A-904]  Requirements of gestational or genetic surrogacy agreement; content.  (a)  A surrogacy agreement shall comply with the following requirements:

     (1)  A surrogate shall agree to attempt to become pregnant by means of assisted reproduction;

     (2)  Except as otherwise provided in sections 584A-910, 584A-913, and 584A-914, the surrogate and the surrogate's spouse or former spouse, if any, shall have no claim to parentage of a child conceived by assisted reproduction under the agreement;

     (3)  The surrogate's spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement;

     (4)  Except as otherwise provided in sections 584A-910, 584A-913, and 584A-914, the intended parent, or, if there are two intended parents, each one jointly and severally, immediately upon birth shall be the exclusive parent or parents of the child, regardless of the number of children born or the gender or mental or physical condition of each child;

     (5)  Except as otherwise provided in sections 584A-910, 584A-913, and 584A-914, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately upon birth shall assume physical and legal custody of, and responsibility for the financial support of the child, regardless of the number of children born or the gender or mental or physical condition of each child;

     (6)  The surrogacy agreement shall provide for payment by the intended parent or parents of reasonable legal, medical, and ancillary expenses, including:

          (A)  Premiums for a health insurance policy that covers medical treatment and hospitalization for the person acting as surrogate unless otherwise mutually agreed upon by the parties, pursuant to the terms of the surrogacy agreement;

          (B)  Payment of all uncovered medical expenses;

          (C)  Payment of legal fees for the legal representation of the person acting as surrogate and the person's spouse, if any;

          (D)  Payment of life insurance premiums, pursuant to the terms of the surrogacy agreement; and

          (E)  Any other reasonable financial arrangements mutually agreed upon by the parties, including any applicable reimbursement and compensation schedule, pursuant to the terms of the surrogacy agreement;

     (7)  The intended parent or parents shall be liable for the surrogacy-related expenses of the individual acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor, and delivery and for the medical expenses of the resulting child that are not paid by insurance.  This paragraph shall not be construed to supplant any health insurance coverage that is otherwise available to the person acting as surrogate or an intended parent for the coverage of health care costs.  This paragraph shall not change the health insurance coverage of the person acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers a person acting as surrogate;

     (8)  The surrogacy agreement shall permit the surrogate to make all health and welfare decisions regarding themselves and their pregnancy.  This chapter shall not enlarge or diminish the surrogate's constitutional or other legal right to terminate the pregnancy;

     (9)  The surrogacy agreement shall include information about each party's right under this part to terminate the surrogacy agreement;

    (10)  The surrogacy agreement shall address confidentiality between the parties to the surrogacy agreement; and

    (11)  The surrogacy agreement shall address whether the intended parents will complete a mental health consultation by a licensed mental health professional.

     (b)  A surrogacy agreement may provide for:

     (1)  Payment of consideration, and payment or reimbursement of reasonable expenses, to the surrogate; and

     (2)  Reimbursement of specific expenses if the agreement is terminated under this part.

     (c)  A right created under a surrogacy agreement shall not be assignable and there shall be no third-party beneficiary of the surrogacy agreement other than the child. [L 2025, c 298, pt of §2]