§ 8-803 — Bases for jurisdiction over nonresident

In a proceeding to enforce a gestational carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:

(a) The individual is personally served with notice within this State;

(b) The individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(c) The individual resided in this State at the time the individual executed the gestational carrier agreement or consented to the embryo transfer;

(d) The individual executed a gestational carrier agreement with a person or persons who resided in this State at the time the gestational carrier agreement was executed and voluntarily submitted to the jurisdiction of this State in the gestational carrier agreement;

(e) The nonresident gestational carrier had, or is expected to have an embryo transfer performed in this State pursuant to a gestational carrier agreement;

(f) The nonresident intended parent(s) consented to a gestational carrier having an embryo transfer in this State pursuant to a gestational carrier agreement;

(g) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational carrier agreement;

(h) The child resides in this State as a result of the acts or directives of the individual; or

(i) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.

Legislative History

79 Del. Laws, c. 88, § 8