I. Except as expressly provided in the gestational carrier agreement, the intended parent or parents shall be entitled to all remedies available at law or equity.
II. Except as expressly provided in the gestational carrier agreement, the gestational carrier shall be entitled to all remedies available at law or equity.
III. A breach of a provision of this chapter and/or of the gestational carrier agreement by the intended parent or parents, after the gestational carrier is impregnated, shall not relieve such intended parent or parents of the intended parent’s or parents’ obligations imposed by this chapter.
IV. In the event of a breach of a provision of this chapter and/or of the gestational carrier agreement by the intended parent or parents, after the gestational carrier is impregnated, the gestational carrier shall be entitled to receive all compensation and other moneys due to the gestational carrier under the gestational carrier agreement.
V. A breach of a provision of this chapter and/or of the gestational carrier agreement by the gestational carrier, after the gestational carrier is impregnated, shall not relieve the gestational carrier of her obligations imposed by this chapter.
VI. A breach of a provision of this chapter and/or of the gestational carrier agreement by the gestational carrier, after the gestational carrier is impregnated, shall not relieve such intended parent or parents of the intended parent’s or parents’ parental rights or responsibilities to the child, unless it is determined by genetic testing, that the child is the genetic child of the gestational carrier.
VII. If the gestational carrier breaches a provision of this chapter and/or of the gestational carrier agreement, and such a breach causes harm to the resulting child, the gestational carrier may be liable for payment of the resulting child’s medical expenses not otherwise covered by the intended parent’s or parents’ insurance.
VIII. Nothing in this chapter is intended to abrogate any rights of the resulting child to pursue any legally authorized action.