13 Del. C. § 8-813: Remedies [Effective Dec. 6, 2026].

(a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parents are entitled to all remedies available at law or equity.

(b) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the gestational carrier is entitled to all remedies available at law or equity.

(c) Specific performance is not an available remedy for a breach by the gestational carrier of a gestational carrier agreement term that requires the gestational carrier to be impregnated.