[§584A-914]  Parentage under validated genetic surrogacy agreement.  (a)  Unless a genetic surrogate exercises the right under section 584A-913 to terminate a genetic surrogacy agreement, each intended parent is a parent of a child conceived by assisted reproduction under a surrogacy agreement validated under section 584A-912.

     (b)  Unless a genetic surrogate exercises the right under section 584A-913 to terminate the genetic surrogacy agreement, on proof of a court order issued under section 584A-912 validating the surrogacy agreement, the court shall make an order:

     (1)  Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the surrogacy agreement and ordering that parental rights and duties vest exclusively in each intended parent;

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

     (3)  Designating the contents of the birth certificate 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.

     (c)  If a genetic surrogate terminates a genetic surrogacy agreement under section 584A-913(a)(2), parentage of the child conceived by assisted reproduction under the surrogacy agreement shall be determined under parts I through VII.

     (d)  If a child born to a genetic surrogate is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child.  If the child was not conceived by assisted reproduction, parentage shall be determined under parts I through VII.  Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction, the surrogate is not entitled to any non-expense-related compensation paid for serving as a surrogate.

     (e)  Unless a genetic surrogate exercises the right under section 584A-913 to terminate the genetic surrogacy agreement, if an intended parent fails to file notice required under section 584A-913(a), the genetic surrogate or the department of health may file with the court, no later than sixty days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, notice that the child has been born to the genetic surrogate.  Unless the genetic surrogate has properly exercised the right under section 584A-913 to withdraw consent to the surrogacy agreement, on proof of a court order issued under section 584A-912 validating the surrogacy agreement, the court shall order that each intended parent is a parent of the child. [L 2025, c 298, pt of §2]