§ 9:2720 — Enforceability of gestational carrier contract

§2720. Enforceability of gestational carrier contract
A. In accordance with the requirements of this Part, an agreement to be known as a
gestational carrier contract is enforceable only if it is in writing and signed by the gestational
carrier, her spouse if she is married, and both of the intended parents.
B. A gestational carrier contract is enforceable only if approved by a court in advance
of in utero embryo transfer, and is in accordance with all of the requirements of this Part.
C. No person shall enter into a gestational carrier contract for compensation as
defined in R.S. 9:2718.1 or that is not in compliance with all of the requirements of this Part.
Any such contract executed in the state of Louisiana or any other state shall be absolutely
null and unenforceable in the state of Louisiana as contrary to public policy.
D. No person shall enter into a gestational carrier contract that requires the
gestational carrier to consent to terminate a pregnancy resulting from in utero embryo
transfer for any reason, including a prenatal diagnosis of an actual or potential disability,
impairment, genetic variation, or any other health condition or a discrimination based on
gender, or for the purposes of the reduction of multiple fetuses. Any such provision in a
contract executed in the state of Louisiana or any other state shall be absolutely null and
unenforceable in the state of Louisiana as contrary to public policy.

Legislative History

Acts 2016, No. 494, §1.