13 Del. C. § 8-810: Eligibility to enter a gestational carrier agreement [Effective Dec. 6, 2026].

(a) Before executing an agreement to act as a gestational carrier, an individual must meet all of the following requirements:

(1) Be at least 21 years of age.

(2) Have given birth to at least 1 child.

(3) Have completed a medical evaluation.

(4) Have completed a mental health evaluation.

(5) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement. The legal counsel must be paid for by the intended parents, if requested by the gestational carrier.

(6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the gestational carrier under the gestational carrier agreement.

(b) An individual intending to become a parent, whether genetically related to the child or not, must meet the following requirements at the time the gestational carrier agreement is executed:

(1) Have completed a mental health evaluation; and

(2) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.