USCACA § 7(b) specifically dealt with termination of a "surrogacy agreement" by a gestational mother who provided the egg for the assisted conception. This possibility is not repeated in the new UPA because there is only a remote likelihood that an agreement for the gestational mother to furnish the egg will be countenanced. Assisted reproduction, as generally conducted by medical facilities today, disapproves of that practice.

Subsection (d) provides that before pregnancy a gestational mother is not liable to the intended parents for terminating the agreement. Although the new Act does not explicitly provide for termination of the agreement after pregnancy. Several sections deal with this issue under certain described circumstances. Section 801(f) recognizes that the gestational mother has plenary power to decide issues of her health and the health of the fetus. Sections 803(a) and 807(a) direct that the intended parents are in fact the parents of the child with an enforceable right to the possession of the child.

§1977.__Parentage under validated gestational agreement

1.__Notice of birth; order.__Upon birth of a child to a gestational mother, the intended parent or parents shall file notice with the court that a child has been born to the gestational mother within 300 days after assisted reproduction. Thereupon, the court shall issue an order:

A.__Confirming that the intended parent or parents are the parents of the child;

B.__If necessary, ordering that the child be surrendered to the intended parent or parents; and

C.__Directing the State Registrar of Vital Statistics to issue a birth certificate naming the intended parent or parents as parent or parents of the child.

2.__Genetic testing.__If the parentage of a child born to a gestational mother is alleged not to be the result of assisted reproduction, the court shall order genetic testing to determine the parentage of the child.