[§584A-913]  Termination of genetic surrogacy agreement.  (a)  A party to a genetic surrogacy agreement may terminate the surrogacy agreement as follows:

     (1)  An intended parent who is a party to the surrogacy agreement may terminate the surrogacy agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties.  If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the surrogacy agreement at any time before a subsequent gamete or embryo transfer.  The notice of termination shall be attested by a notarial officer or witnessed; and

     (2)  A genetic surrogate who is a party to the agreement may withdraw consent to the surrogacy agreement any time before seventy-two hours after the birth of a child conceived by assisted reproduction under the surrogacy agreement.  To withdraw consent, the genetic surrogate shall execute a notice of termination in a record stating the surrogate's intent to terminate the surrogacy agreement.  The notice of termination shall be attested by a notarial officer or witnessed and be delivered to each intended parent any time before seventy-two hours after the birth of the child.

     (b)  On termination of the genetic surrogacy agreement under subsection (a), the parties shall be released from all obligations under the surrogacy agreement except that each intended parent shall remain responsible for all expenses incurred by the surrogate through the date of termination that are reimbursable under the surrogacy agreement.  Unless the surrogacy agreement provides otherwise, the surrogate shall not be entitled to and shall refund to intended parents within ten days after withdrawal of consent any non-expense-related compensation paid for serving as a surrogate.

     (c)  Except in a case involving fraud, neither a genetic surrogate nor the surrogate's spouse or former spouse, if any, shall be liable to the intended parent or parents for a penalty or liquidated damages for terminating a genetic surrogacy agreement under this section. [L 2025, c 298, pt of §2]