26.26A.700  <<  26.26A.705 >>   26.26A.710

Eligibility to enter gestational or genetic surrogacy agreement. (Effective January 1, 2019.)

(1) To execute an agreement to act as a gestational or genetic surrogate, a woman must:
(a) Have attained twenty-one years of age;
(b) Previously have given birth to at least one child but not enter into more than two surrogacy agreements that result in the birth of children;
(c) Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;
(d) Complete a mental health consultation by a licensed mental health professional; and
(e) Have independent legal representation of her choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
(2) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, must:
(a) Have attained twenty-one years of age;
(b) Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;
(c) Complete a mental health consultation by a licensed mental health professional; and
(d) Have independent legal representation of the intended parent's choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
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