13 Del. C. § 8-817: Termination of genetic carrier agreement [Effective Dec. 6, 2026].

(a) A party to a genetic carrier agreement may terminate the agreement as follows:

(1) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination must be attested by a notarial officer or witnessed.

(2) A genetic carrier who is a party to the agreement may withdraw consent to the agreement any time before 72 hours after the birth of a child conceived by assisted reproduction under the agreement. To withdraw consent, the genetic carrier must execute a notice of termination in a record stating the genetic carrier’s intent to terminate the agreement. The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before 72 hours after the birth of the child.

(b) On termination of the genetic carrier agreement under subsection (a) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the genetic carrier through the date of termination which are reimbursable under the genetic carrier agreement. Unless the genetic carrier agreement provides otherwise, the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier.

(c) Except in a case involving fraud, neither a genetic carrier nor the carrier’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic carrier agreement under this section.