[§584A-910]  Gestational surrogacy agreement; order of parentage.  (a)  Except as otherwise provided in section 584A-908(c) or 584A-911, before, on, or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the appropriate court for an order or judgment:

     (1)  Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;

     (2)  Declaring that the gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;

     (3)  Designating the content of the birth record in accordance with chapter 338, and directing the department of health to designate each intended parent as a parent of the child;

     (4)  To protect the privacy of the child and the parties, declaring that unless the court orders otherwise, the court record, including a petition and any other document related to a surrogacy agreement filed with the court under this chapter shall be sealed and shall not be open to inspection by any individual other than the parties to the proceeding, a child conceived by assisted reproduction under the agreement, their attorneys, and the department of health; provided that the court shall only authorize an individual to inspect the sealed records for good cause shown; provided further that the individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected;

     (5)  If necessary, that the child be surrendered to the intended parent or parents; and

     (6)  For other relief the court determines necessary and proper.

     (b)  The court may issue an order or judgment under subsection (a) before the birth of the child.  The court shall stay enforcement of the order or judgment until the birth of the child.

     (c)  Neither the State nor the department of health shall be a necessary party to a proceeding under subsection (a). [L 2025, c 298, pt of §2]