Subsection (c) clarifies the remedies available if the intended parents refuse to accept a child who is born as the result of a gestational agreement.

§1978.__Gestational agreement: effect of subsequent marriage

After the issuance of an order under this subchapter, subsequent marriage of the gestational mother does not affect the validity of a gestational agreement, her husband's consent to the agreement is not required and her husband is not a presumed parent of the resulting child.

Comment

(This is section 808 of the UPA.)

Source: USCACA § 9.

If, after the original court order validates the gestational agreement, the gestational mother marries, the gestational agreement continues to be valid and the consent of her new husband is not required. The new husband is neither a party to the original action nor the presumed father of a resulting child, and therefore ought not be burdened with the status of parent unless he is the genetic father or chooses to adopt the child.

§1979.__Effect of nonvalidated gestational agreement

1.__Not enforceable.__A gestational agreement, whether in a record or not, that is not judicially validated is not enforceable.

2.__Parent-child relationship.__If a birth results under a gestational agreement that is not judicially validated as provided in this subchapter, the parent-child relationship is determined as provided in subchapter 2.

3.__Liability for support.__Individuals who are parties to a nonvalidated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable. The liability under this subsection includes assessing all expenses and fees as provided in section 1956.

Comment