1.__Written agreement.__The intended parents and prospective gestational mother, her husband if she is married, a donor or the donors may enter into a written agreement that provides:

A.__The prospective gestational mother is at least 21 years of age and agrees to pregnancy by means of assisted reproduction;

B.__The prospective gestational mother, her husband if she is married and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and

C.__The intended parent or parents become the parents of the child.

2.__Intended parents.__The intended parent or parents must be parties to the gestational agreement.

3.__Enforceable if validated.__A gestational agreement is enforceable only if validated as provided in section 1973.

4.__Child conceived by sexual intercourse.__A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse.

5.__Consideration.__A gestational agreement may provide for payment of consideration and reimbursement of costs.

6.__Decision of gestational mother.__A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or that of the embryos or fetus.

Comment

(This is section 801 of the UPA.)

Source: USCACA §§ 1(3), 5, 9.

The previous uniform act on this subject, USCACA, proposed two alternatives, one of which was to declare that gestational agreements were void. Subsection (a) rejects that approach. The scientific state of the art and the medical facilities providing the technological capacity to utilize a woman other than the woman who intends to raise the child to be the gestational mother, guarantee that such agreements will continue to be written. Subsection (a) recognizes that certainty and initiates a procedure for its regulation by a judicial officer. This section