{"data":{"id":"us-de/13-del.-c.-8-811--2","jurisdiction":"us-de","citation":"13 Del. C. § 8-811","heading":"Requirements for a gestational carrier agreement [Effective Dec. 6, 2026].","body":"(a) A gestational carrier agreement is enforceable if:\n(1) It meets the requirements set forth in subsection (b) of this section, and\n(2) It contains at a minimum each of the terms set forth in subsection (c) of this section.\n(b) A gestational carrier agreement must meet the following requirements:\n(1) Be in writing;\n(2) Be executed before the initiation of an embryo transfer in furtherance of the gestational carrier arrangement by the following, who have been represented in all matters concerning the gestational carrier arrangement and the gestational carrier agreement by independent legal counsel licensed to practice law in this State:\na. A gestational carrier meeting the eligibility requirements of § 8-810(a) of this title and, if married, the gestational carrier’s spouse; and\nb. The intended parents meeting the eligibility requirements of § 8-810(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the gestational carrier agreement;\n(3) [Repealed.]\n(4) Include a written acknowledgment, signed by the gestational carrier and intended parents, stating that the gestational carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the gestational carrier agreement;\n(5) If the gestational carrier agreement provides for the payment of compensation to the gestational carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the gestational carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the gestational carrier’s eligibility under § 8-810(a) of this title; and\n(6) Be witnessed by 2 disinterested, competent adults.\n(c) A gestational carrier agreement must expressly provide the following:\n(1) The written agreement of the gestational carrier to:\na. Undergo embryo transfer and attempt to carry and give birth to the child; and\nb. Surrender custody of the child to the intended parents immediately on the birth of the child;\n(2) If the gestational carrier is married, that the gestational carrier’s spouse:\na. Acknowledges and agrees to abide by the obligations imposed on the gestational carrier by the terms of the gestational carrier agreement; and\nb. Surrenders custody of the child to the intended parents immediately on the birth of the child;\n(3) The right of the gestational carrier to utilize the services of a health care provider of the gestational carrier’s choosing, after consultation with the intended parents, to provide the gestational carrier’s care during the pregnancy; and\n(4) The written agreement of the intended parents to:\na. Accept legal custody of the child immediately on the birth of the child; and\nb. Assume sole responsibility for the child immediately on the birth of the child.\n(d) A gestational carrier agreement is enforceable even though it contains 1 or more of the following provisions:\n(1) The gestational carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy;\n(2) The gestational 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 gestational carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;\n(3) The agreement of the intended parents to pay the gestational carrier reasonable compensation; and\n(4) The agreement of the intended parents to pay for or reimburse the gestational carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the gestational carrier arrangement and the gestational carrier agreement.\n(e) If any of the requirements of this section are not met, a court of competent jurisdiction shall determine parentage based on evidence of the parties’ intent.\n(f) An escrow agent which enters into an escrow agreement with a party to a gestational carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a gestational carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.","path":["Title 13. Domestic Relations","CHAPTER 8. Uniform Parentage Act [Effective Dec. 6, 2026].","Subchapter VIII. Gestational and Genetic Carrier Agreement Act [Effective Dec. 6, 2026]."],"source_url":"https://delcode.delaware.gov/title13/c008/sc08/index.html#8-811","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"1ed2330bda8cafc81d4476babaf41004ea4e409f66309b7174641b056a849fbe","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-8-810--2","next":"us-de/13-del.-c.-8-812--2"},"notice":"GroundRules: Original legal text. Not legal advice."}