Subsection (f) is intended to acknowledge that the gestational mother, as a pregnant woman, has a constitutionally-recognized right to decide issues regarding her prenatal care. In other words, the intended parents have no right to demand that the gestational mother undergo any particular medical regimen at their behest.

Maine Comment

Subsection 1, paragraph A requires that a gestational mother be at least twenty-one years of age to ensure that she has sufficient maturity to fully comprehend the consequences of what she is about to undertake.

Subsections 1 and 2 are made gender neutral and establish that the intended parent or parents, regardless of their gender, must be parties to the gestational agreement.

§1972.__Requirements of petition

1.__Proceeding to validate agreement.__The intended parent or parents and the prospective gestational mother may commence a proceeding in the District Court to validate a gestational agreement.

2.__Requirements.__A proceeding to validate a gestational agreement may not be maintained unless:

A.__The mother or the intended parent or parents have been residents of this State for at least 90 days;

B.__The prospective gestational mother's husband, if she is married, is joined in the proceeding; and

C.__A copy of the gestational agreement is attached to the petition.

Comment

(This is section 802 of the UPA.)

Source: USCACA § 6(a).

Sections 802 and 803, the core sections of this article, provide for state involvement, through judicial oversight, of the