1. (a) To execute an agreement to act as a gestational or genetic surrogate, a person shall:

   1. (1) Have attained twenty-one years of age;
   2. (2) Have previously given birth to at least one child;
   3. (3) Complete a medical evaluation related to the surrogacy arrangement by a licensed physician;
   4. (4) Complete a mental health evaluation by a licensed mental health professional;
   5. (5) Have independent legal representation of the surrogate's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement; and
   6. (6) Have or obtain a health insurance policy or other coverage for major medical treatment and hospitalization and such policy or other coverage shall be for a term that extends throughout the duration of the expected pregnancy and for eight weeks after the birth of the resulting child.

2. (b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:

   1. (1) Have attained twenty-one years of age;
   2. (2) Complete a mental health evaluation by a licensed mental health professional; and
   3. (3) Have independent legal representation of the intended parent's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

(P.A. 21-15, S. 61.)

History: P.A. 21-15 effective January 1, 2022.