Current as of: 2009
A surrogacy contract shall be signed by the intended parents, the surrogate, and, if she is married, the surrogate's husband and shall include the following provisions:
I. The consent of the surrogate that she shall surrender custody of the child or accept the obligation of parenthood if she gives notice of intent to keep the child as provided in paragraph IV.
II. The consent of the husband of the surrogate, if any, that he shall surrender custody of the child or accept the obligation of parenthood, if the surrogate gives notice of intent to keep the child as provided in paragraph IV.
III. The consent of the intended parents that they shall accept the obligations of parenthood, unless the surrogate gives notice of intent to keep the child as provided in paragraph IV.
IV. The right of the surrogate to keep the child if at any time prior to 72 hours after the birth of the child, the surrogate:
(a) Executes a signed writing of her intention to keep the child; and
(b) Delivers the writing to the intended parents, the attending physician, or the hospital medical director or designee.
This right may only be exercised personally by the surrogate and shall not be exercised by any guardian or other representative of the surrogate. Notice of intent to keep the child shall be given within 72 hours after the birth of the child, unless extenuating circumstances prevent the surrogate from making an informed decision, in which case the period shall be one week.
V. If the surrogate will receive a fee, a provision that fees shall be limited to:
(a) Pregnancy-related medical expenses, including expenses related to any complications occurring within 6 weeks after delivery and expenses related to the medical evaluation;
(b) Actual lost wages related to pregnancy, delivery and postpartum recovery, if absence from employment is recommended in writing by the attending physician;
(c) Health, disability and life insurance during the term of pregnancy and 6 weeks thereafter;
(d) Reasonable attorney's fees and court costs; and
(e) Counseling fees and costs associated with the nonmedical evaluations, and home studies for the surrogate and her husband, if any.
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