C.  Special Rules for Genetic Surrogacy Agreement

 

     [§584A-912]  Requirements to validate a genetic surrogacy agreement.  (a)  Except as otherwise provided in section 584A-915, to be enforceable, a genetic surrogacy agreement shall be validated by the family court.  A proceeding to validate the surrogacy agreement shall be commenced before assisted reproduction related to the surrogacy agreement is initiated.

     (b)  The court shall issue an order validating a genetic surrogacy agreement if the court finds that:

     (1)  Sections 584A-902, 584A-903, and 584A-904 are satisfied; and

     (2)  All parties entered into the surrogacy agreement voluntarily and understand its terms.

     (c)  An individual who terminates a genetic surrogacy agreement under section 584A-913 shall file notice of the termination with the court.  On receipt of the notice, the court shall vacate any order issued under subsection (b).  An individual who terminates a genetic surrogacy agreement under this section but does not notify the court of the termination of the agreement shall be subject to sanctions. [L 2025, c 298, pt of §2]