Section 560:2-127 - Child born to gestational carrier(a) In this section: "Gestational agreement" means an enforceable or unenforceable agreement for assisted reproduction in which an individual agrees to carry a child to birth for an intended parent, intended parents, or an individual described in subsection (e).
"Gestational carrier" means an individual who is not an intended parent who gives birth to a child under a gestational agreement. "Gestational carrier" is not limited to an individual who is the child's genetic mother.
"Gestational child" means a child born to a gestational carrier under a gestational agreement.
"Intended parent" means an individual who entered into a gestational agreement providing that the individual will be the parent of a child born to a gestational carrier by means of assisted reproduction. "Intended parent" is not limited to an individual who has a genetic relationship with the child.
(b) A parent-child relationship shall be deemed to be conclusively established by a court order designating the parent or parents of a gestational child.(c) A parent-child relationship between a gestational child and the gestational child's carrier shall not be deemed to exist unless the gestational carrier is: (1) Designated as a parent of the child in a court order, as described in subsection (b); or(2) The child's genetic mother and a parent-child relationship does not exist under this section with an individual other than the gestational carrier.(d) In the absence of a court order under subsection (b), a parent-child relationship shall be deemed to exist between a gestational child and an intended parent who:(1) Functioned as a parent of the child no later than two years after the child's birth; or(2) Died while the gestational carrier was pregnant if: (A) There were two intended parents, and the other intended parent functioned as a parent of the child no later than two years after the child's birth;(B) There were two intended parents, the other intended parent also died while the gestational carrier was pregnant, and a relative of either deceased intended parent or the spouse, reciprocal beneficiary, or surviving spouse or reciprocal beneficiary of a relative of either deceased intended parent functioned as a parent of the child no later than two years after the child's birth; or(C) There was no other intended parent and a relative of the deceased intended parent, or the spouse, reciprocal beneficiary, or surviving spouse or reciprocal beneficiary of a relative of the deceased intended parent, functioned as a parent of the child no later than two years after the child's birth.(e) In the absence of a court order under subsection (b), a parent-child relationship shall be deemed to exist between a gestational child and an individual whose sperm or eggs were used after the individual's death or incapacity to conceive a child under a gestational agreement entered into after the individual's death or incapacity if the individual intended to be treated as the parent of the child. The individual's intent may be shown by: (1) A record signed by the individual that, considering all the facts and circumstances, evidences the individual's intent; or(2) Other facts and circumstances establishing the individual's intent by clear and convincing evidence.(f) Except as otherwise provided in subsection (g), and unless there is clear and convincing evidence of a contrary intent, an individual shall be deemed to have intended to be treated as the parent of a gestational child for purposes of subsection (e)(2) if:(1) The individual, before death or incapacity, deposited the sperm or eggs that were used to conceive the child;(2) When the individual deposited the sperm or eggs, the individual was married, and no divorce proceeding was pending; and(3) The individual's spouse or reciprocal beneficiary, or surviving spouse or reciprocal beneficiary, functioned as a parent of the child no later than two years after the child's birth.(g) The presumption under subsection (f) shall not apply if there is: (1) A court order under subsection (b); or(2) A signed record that satisfies subsection (e)(1).(h) If, under this section, an individual is a parent of a gestational child who is conceived after the individual's death, the child shall be treated as in gestation at the individual's death for purposes of section 560:2-104(b)(2) if the child is:(1) In utero no later than thirty-six months after the individual's death; or(2) Born no later than forty-five months after the individual's death.(i) This section shall not affect other laws of this State governing the enforceability or validity of a gestational agreement.Added by L 2023, c 158,§ 2, eff. 6/29/2023.