§ 46b-538 — Breach of genetic surrogacy agreement.

(a) Subject to subsection (b) of section 46b-534, if a genetic surrogacy agreement is breached by a person acting as genetic surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by a person acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the person acting as surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures. (c) Except as provided in subsection (b) of this section, specific performance is a remedy available for: (1) Breach of a validated genetic surrogacy agreement by a person acting as genetic surrogate that prevents the intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (2) Breach by an intended parent that prevents the intended parent's acceptance, immediately upon birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.

Legislative History

(P.A. 21-15, S. 77.) History: P.A. 21-15 effective January 1, 2022.