§ 581-502 Compensation
Article 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements
Rule Text
§ 581-502. Compensation.
(a) Compensation may be paid to a donor or person acting as surrogate based on medical risks, physical discomfort, inconvenience and the responsibilities they are undertaking in connection with their participation in the assisted reproduction. Under no circumstances may compensation be paid to purchase gametes or embryos or for the release of a parental interest in a child.
(b) The compensation, if any, paid to a donor or person acting as surrogate must be reasonable and negotiated in good faith between the parties. Base compensation paid to a person acting as surrogate shall not exceed the duration of the pregnancy and recuperative period of eight weeks after the birth of any resulting child. Supplemental compensation for any medical procedure associated with complications from the pregnancy or delivery as confirmed by a health care practitioner, and any associated lost wages, may be, but are not required to be, paid after the recuperative period and until twelve months after the birth of the child, a stillbirth, a miscarriage resulting in termination of the pregnancy, or termination of the pregnancy.
(c) Compensation may not be conditioned upon the purported quality or genome-related traits of the gametes or embryos.
(d) Compensation may not be conditioned on actual genotypic or phenotypic characteristics of the donor or donors or of any resulting children.
(e) Compensation to any embryo donor shall be limited to storage fees, transportation costs and attorneys' fees.