Termination of gestational carrier agreement. [Effective January 1, 2021.]

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(a) A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties.

(b) Upon termination of the gestational carrier agreement under subsection (a) of this section, and unless a gestational carrier agreement provides otherwise, the gestational carrier is entitled to keep all payments received and obtain all payments to which the gestational carrier is entitled through the date of termination. Except in a case involving fraud, neither a prospective gestational carrier nor the gestational carrier's spouse, if any, is liable to the intended parent or parents for terminating a gestational carrier agreement under this section.

History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.


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