2.__Requirements.__The court may issue an order under subsection 1 only on finding that:

A.__The residence requirements of section 1972 have been satisfied and the parties have submitted to the jurisdiction of the court under the jurisdictional standards of this chapter;

B.__All parties have voluntarily entered into the agreement and understand its terms;

C.__Adequate provision has been made for all reasonable health care expense associated with the gestational agreement until the birth of the child, including responsibility for those expenses if the agreement is terminated; and

D.__The consideration, if any, paid to the prospective gestational mother is stated.

Comment

(This is section 803 of the UPA.)

Source: USCACA § 6(b).

This pre-conception authorization process for a gestational agreement is roughly analogous to prevailing adoption procedures in place in most states. Just as adoption contemplates the transfer of parentage of a child from the birth parents to the adoptive parents, a gestational agreement involves the transfer from the gestational mother to the intended parents. The Act is designed to protect the interests of the child to be born under the gestational agreement as well as the interests of the gestational mother and the intended parents.

In contrast to USCACA (1988) § 1(3), there is no requirement that at least one of the intended parents be genetically related to the child born of a gestational agreement. Similarly, the likelihood that the gestational mother will also be the genetic mother is not directly addressed in the new Act, while USCACA (1988) apparently assumed that such a fact pattern would be typical. Experience with the intractable problems caused by such a combination has dissuaded the majority of fertility