a. A gestational carrier agreement shall not be considered:

(1) An adoption pursuant to Title 9 of the Revised Statutes; or

(2) A surrender of custody or termination of parental rights to the child by the gestational carrier in violation of the requirements of Title 9 of the Revised Statutes.

b. The payment of reasonable expenses in connection with a valid gestational carrier agreement shall not constitute a violation of section 18 of P.L.1993, c.345 (C. 9:3-39.1).

L.2018, c.18, s.9.