§ 46b-534 — Termination of genetic surrogacy agreement.

(a) A party to a genetic surrogacy agreement may terminate the agreement as follows: (1) An intended parent or person acting as genetic surrogate 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, provided no party may terminate the agreement after a gamete or embryo transfer but prior to a pregnancy test at a time to be determined by a qualified healthcare provider. The notice of termination shall be attested by a notarial officer or witnessed. (2) Upon sending the notice of termination, the sending party or parties to the genetic surrogacy agreement shall not undertake any medical procedure contemplated under the terms of the agreement. Upon receiving the notice of termination, the receiving party or parties to the genetic surrogacy agreement shall not undertake any medical procedure contemplated under the terms of the agreement. (3) An intended parent or person acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under section 46b-533 or 46b-536 , but before the person acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court. (b) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement, except that any intended parent remains responsible for all expenses incurred by the person acting as genetic surrogate through the date of termination of the agreement that are reimbursable under the agreement. Unless the agreement provides otherwise, the person acting as surrogate is not entitled to any nonexpense-related compensation paid for serving as a surrogate. (c) Except in a case involving fraud, neither a person acting as genetic surrogate nor the spouse or former spouse of the person acting as surrogate, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.

Legislative History

(P.A. 21-15, S. 73.) History: P.A. 21-15 effective January 1, 2022.