§ 581-401 Surrogacy agreement authorized

This rule allows a person acting as a surrogate, their spouse (if they have one), and the intended parent or parents to make a legal agreement about surrogacy. As long as the agreement follows the other rules in this law, courts will treat it as valid and enforceable.

There are limits on what counts as a valid surrogacy agreement. It cannot cover a pregnancy that happened through sexual intercourse. It also cannot cover a situation where the surrogate used her own egg to conceive the child. In other words, the law only applies to gestational surrogacy, where the surrogate carries a baby who is not genetically related to her.

The agreement can also include payment for the surrogate. The rules about how much can be paid and how that payment works are covered in a different part of this law.