§ 9:2718 — Purpose and intent

§2718. Purpose and intent
The purpose and intent of this Part is to regulate gestational surrogacy agreements.
The legislature has been guided by, among other things, the best interest of the children who
are born as a result of gestational surrogacy. The legislature finds that it is desirable to assure
that the intended parents of every child born through the use of assisted reproductive
technology be legal and biological parents of the child. Accordingly, in regulating
gestational surrogacy agreements by means of this Part, the legislature has restricted the
range of enforceable gestational surrogacy agreements to those in which the parties who
engage the gestational surrogate not only are married to each other, but also create the child
using only their own gametes. These compelling state interests justify provisions for filiation
to be recognized by a court upon proof that the child is genetically related to both parents,
so that the intended parents can bypass the current need to go through extended proceedings
to adopt their own child.

Legislative History

Acts 2016, No. 494, §1.