13 Del. C. § 8-815: Requirements for a genetic carrier agreement [Effective Dec. 6, 2026].

(a) A genetic carrier agreement is enforceable if:

(1) It meets the requirements set forth in subsection (b) of this section; and

(2) It contains, at a minimum, each of the terms set forth in subsection (c) of this section.

(b) A genetic carrier agreement must meet the following requirements:

(1) Be in writing;

(2) Be executed before the initiation of assisted reproduction in furtherance of the genetic carrier arrangement by the following, who have been represented in all matters concerning the genetic carrier arrangement and the genetic carrier agreement:

a. A genetic carrier meeting the eligibility requirements of § 8-814(a) of this title and, if married, the genetic carrier’s spouse; and

b. The intended parents meeting the eligibility requirements of § 8-814(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the genetic carrier agreement;

(3) Include a written acknowledgment, signed by the genetic carrier and intended parents, stating that the genetic carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the genetic carrier agreement;

(4) If the genetic carrier agreement provides for the payment of compensation to the genetic carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the genetic carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the genetic carrier’s eligibility under § 8-814(a) of this title; and

(5) Be witnessed by 2 disinterested, competent adults.

(c) A genetic carrier agreement must expressly provide the following:

(1) The written agreement of the genetic carrier to:

a. Undergo assisted reproduction using the genetic carrier’s own gamete and attempt to carry and give birth to the child; and

b. Surrender custody of the child to the intended parents immediately on the birth of the child;

(2) If the genetic carrier is married, that the genetic carrier’s spouse:

a. Acknowledges and agrees to abide by the obligations imposed on the genetic carrier by the terms of the genetic carrier agreement; and

b. Surrenders custody of the child to the intended parents immediately on the birth of the child;

(3) The right of the genetic carrier to utilize the services of a health care provider of the genetic carrier’s choosing, after consultation with the intended parents, to provide the genetic carrier’s care during the pregnancy; and

(4) The written agreement of the intended parents to:

a. Accept legal custody of the child immediately on birth of the child; and

b. Assume sole responsibility for the child immediately on birth of the child.

(d) A genetic carrier agreement is enforceable even though it contains 1 or more of the following provisions:

(1) The genetic carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy;

(2) The genetic carrier’s agreement to abstain from any activities that the intended parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the genetic carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;

(3) The agreement of the intended parents to pay the genetic carrier reasonable compensation; and

(4) The agreement of the intended parents to pay for or reimburse the genetic carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the genetic carrier arrangement and the genetic carrier agreement.

(e) An escrow agent which enters into an escrow agreement with a party to a genetic carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a genetic carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.