Subject to the jurisdictional standards of chapter 58, subchapter 2, the court conducting a proceeding under this subchapter has exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born to the gestational mother during the period governed by the agreement attains the age of 180 days.

Comment

(This is section 805 of the UPA.)

Source: USCACA § 6(e).

This section is designed to minimize the possibility of parallel litigation in different states and the consequent risk of childnapping for strategic purposes. The court that validated the gestational agreement will have authority to enforce the gestational agreement until the child is 180 days old. Note that only the parentage issues and enforcement issues are covered; collateral matters, such as custody, visitation, and child support are not covered by this Act.

Maine Comment

The brackets were removed and the Maine citation of the Uniform Child Custody Jurisdiction and Enforcement Act was added.

§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.