§ 801. Eligibility to enter gestational carrier agreement
(a) In order to execute an agreement to act as a gestational carrier, a person shall:
(1) be at least 21 years of age;
(2) have completed a medical evaluation that includes a mental health consultation;
(3) have had independent legal representation of the person's own choosing and paid for by the intended parent or parents regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement; and
(4) not have contributed gametes that will ultimately result in an embryo that the gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an agreement with a family member.
(b) Prior to executing a gestational carrier agreement, a person or persons intending to become a parent or parents, whether genetically related to the child or not, shall:
(1) be at least 21 years of age;
(2) have completed a medical evaluation and mental health consultation; and
(3) have retained independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement. (Added 2017, No. 162 (Adj. Sess.), § 1.)