| | | 3.__Failure to file notice; order.__If the intended parent or | | parents fail to file notice required under subsection 1, the | | gestational mother or the appropriate state agency may file | | notice with the court that a child has been born to the | | gestational mother within 300 days after assisted reproduction. | | Upon proof of a court order issued pursuant to section 1973 | | validating the gestational agreement, the court shall order that | | the intended parent or parents are the parent or parents of the | | child and are financially responsible for the child. |
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| | | (This is section 807 of the UPA.) |
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| | | Under subsection (a), the intended parents of a child born | | pursuant to an approved gestational agreement within 300 days of | | the use of assisted reproduction are deemed to be the legal | | parents if the order under § 803 is still in effect. Notice of | | the birth of the child must be filed by the intended parents. On | | receipt of the notice, the court shall issue an order confirming | | that the intended parents are the legal parents of the child and | | direct the issuance of a birth certificate to confirm the court's | | determination. If necessary, the court may also order the | | gestational mother to surrender the child to the intended | | parents. |
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| | | Subsection (c) clarifies the remedies available if the | | intended parents refuse to accept a child who is born as the | | result of a gestational agreement. |
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| | | §1978.__Gestational agreement: effect of subsequent marriage |
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| | | After the issuance of an order under this subchapter, | | subsequent marriage of the gestational mother does not affect the | | validity of a gestational agreement, her husband's consent to the | | agreement is not required and her husband is not a presumed | | parent of the resulting child. |
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| | | (This is section 808 of the UPA.) |
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| | | If, after the original court order validates the gestational | | agreement, the gestational mother marries, the gestational | | agreement continues to be valid and the consent of her new | | husband is not required. The new husband is neither a party to | | the original action nor the presumed father of a resulting child, |
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