168-B:11 Requirements for a Gestational Carrier Agreement. –
A gestational carrier agreement shall meet all of the following minimum requirements:
I. It shall be in writing.
II. It shall be executed prior to the commencement of any medical procedures to impregnate the gestational carrier.
III. All parties shall be represented by legal counsel regarding the gestational carrier agreement and the gestational carrier and her spouse or partner, if any, shall have legal counsel that is separate and independent from the legal counsel for the intended parents.
IV. It shall expressly provide for the following:
(a) The express written agreement of the gestational carrier to:
(1) Undergo embryo transfer, become pregnant by means of assisted reproduction, and attempt to carry and give birth to the resulting child;
(2) Relinquish all rights, obligations, and duties as a parent of the resulting child; and
(3) Surrender physical custody of the resulting child to the intended parent or parents immediately upon birth of the child.
(b) The express written agreement of the gestational carrier's spouse or partner, if any, if such spouse or partner is a party to the agreement, to abide by the obligations imposed on the spouse or partner pursuant to the terms of the gestational carrier agreement, including, but not limited to, the relinquishment of all rights, obligations, and duties as a parent of the resulting child.
(c) The express written agreement of the intended parent or parents to:
(1) Accept sole rights, obligations, and duties as parent or parents of the resulting child;
(2) Accept sole physical custody of the resulting child immediately upon birth, regardless of number, gender, and/or physical or mental condition; and
(3) Assume sole responsibility for the support of the resulting child immediately upon birth.
(d) The express written agreement of all parties as to how reasonable compensation, if any, shall be paid to the gestational carrier, including, but not limited to, payment of the gestational carrier's reasonable medical, counseling, legal, and/or other expenses related to the gestational carrier arrangement.
(e) Acknowledgment by the gestational carrier, and her spouse or partner, if any, that, if the gestational carrier breaches a provision of this chapter or of the gestational carrier agreement, and a court of competent jurisdiction determines that such a breach causes harm to the resulting child, the gestational carrier may be held financially responsible for such harm, pursuant to RSA 168-B:18.
(f) The express written agreement of all parties as to how decisions regarding termination of the pregnancy shall be made.
Source. 2014, 248:2, eff. July 21, 2014. 2023, 105:9, eff. Aug. 19, 2023.