§1976.__Termination of gestational agreement

1.__Termination of agreement; parties.__After issuance of an order under this subchapter, but before the prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother or her husband or either of the intended parents may terminate the gestational agreement by giving written notice of termination to all other parties.

2.__Termination of agreement.__The court for good cause shown may terminate the gestational agreement.

3.__Notice of termination.__An individual who terminates a gestational agreement shall file notice of the termination with the court. On receipt of the notice, the court shall vacate the order issued under this subchapter. An individual who does not notify the court of the termination of the agreement is subject to appropriate sanctions.

4.__No liability.__Neither a prospective gestational mother nor her husband, if any, is liable to the intended parent or parents for terminating a gestational agreement pursuant to this section.

Comment

(This is section 806 of the UPA.)

Source: USCACA § 7.

Subsection (a) permits a party to terminate a gestational agreement after the authorization order by canceling the arrangement before the pregnancy has been established. This provides for cancellation during a time when the interests of the parties would not be unduly prejudiced by termination. By definition, the procreation process has not begun. The intended parents certainly have an expectation interest during this time, but the nature of this interest is little different from that which they would have while they were attempting to create a pregnancy through traditional means. In contrast to the next subsection, termination of the agreement does not require "good cause."

Subsection (b) gives the court the right to cancel the agreement for cause, which is left undefined.