Section 28P: Breach of genetic surrogacy agreement; remedies; specific performance
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/ma/part-ii/title-iii/chapter-209c/28p·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 28P.
(a)Subject to subsection
(d)of section 28L, if a genetic surrogacy agreement is breached by a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
(b)Specific performance shall not be an available remedy for breach by a genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the genetic surrogate become pregnant, terminate or not terminate a pregnancy or submit to medical procedures.
(c)Except as otherwise provided in subsection (b), specific performance shall be a remedy available for:
(i)breach of a validated genetic surrogacy agreement by a genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or
(ii)breach by an intended parent which prevents the intended parent's acceptance, immediately upon birth of the child, of the duties of parentage.