§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.__The State Registrar of Vital Statistics may charge a reasonable fee for the issuance of a birth certificate.

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.

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.

Comment

(This is section 807 of the UPA.)

Source: USCACA § 8.

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