§ 16-405 — Requirements of surrogates and intended parents.

(a) An individual seeking to serve as a surrogate shall enter into a written surrogacy agreement and, at the time that the surrogacy agreement is executed, shall:

(1) Be at least 21 years of age;

(2) Have given birth to at least one live child;

(3) Have undergone a medical evaluation in which the individual was approved to serve as a surrogate;

(4) Have completed a mental health evaluation by a mental health professional in which the individual was approved to serve as a surrogate; provided, that the mental health professional has received specialized training in, or has a practice that includes a specialty in, collaborative reproduction; and

(5) Have completed, with the intended parent or parents, a joint consultation with a mental health professional regarding issues that could arise during the surrogacy.

(1) An individual or individuals seeking to become an intended parent or parents shall enter into a written surrogacy agreement and, at the time the surrogacy agreement is executed, shall:

(A) Be at least 21 years of age; and

(B) Have completed with the surrogate a joint consultation with a mental health professional regarding issues that could arise during the surrogacy.

(2) If an individual is married or in a domestic partnership, both parties to the marriage or domestic partnership must satisfy the requirements of this subsection.