Effect of non-validated genetic surrogacy agreement

(a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 584A-912 shall be enforceable only to the extent provided in this section and section 584A-917. (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement. (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 584A-912 is born and the genetic surrogate, consistent with section 584A-913(a)(2), withdraws their consent to the surrogacy agreement before seventy-two hours after the birth of the child, the court shall adjudicate the parentage of the child under parts I through VII. (d) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 584A-912 is born and a genetic surrogate does not withdraw their consent to the surrogacy agreement, consistent with section 584A-913(a)(2), before seventy-two hours after the birth of the child, the genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in section 584A-607(a) and the intent of the parties at the time of the execution of the surrogacy agreement. (e) The parties to a genetic surrogacy agreement shall have standing to maintain a proceeding to adjudicate parentage under this section.