Section 28N: Genetic surrogacy agreement not validated under section 28K; enforceability; preponderance of the evidence; adjudication of parentage; standing
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Section 28N.
(a)A genetic surrogacy agreement, whether or not in writing, that is not validated under section 28K shall be enforceable only to the extent provided in this section and section 28P.
(b)If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred and before the birth of a child conceived by assisted reproduction under the agreement if the court finds by a preponderance of the evidence that:
(i)sections 28A, 28B or 28C are satisfied; and
(ii)all parties entered into the agreement voluntarily and understand its terms.
(c)If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 28K or subsection
(b)is born, the genetic surrogate shall not automatically be a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection
(a)of section 26 and the intent of the parties at the time of the execution of the agreement.
(d)The parties to a genetic surrogacy agreement shall have standing to commence a proceeding to adjudicate parentage under this section.