This subchapter may be cited as the “Gestational and Genetic Carrier Agreement Act.”

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

In this subchapter:

(1) “Genetic carrier” means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete with the intention of gestating and delivering the intended parent’s child.

(2) “Genetic carrier agreement” means a written agreement between the genetic carrier, the genetic carrier’s spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the parent of the child resulting from the assisted reproduction.

(3) “Genetic carrier arrangement” means the process by which an individual attempts to carry and give birth to a child created through assisted reproduction using the individual’s own gamete and a gamete provided by the intended parents which may or may not be genetically related to either of the intended parents.

(4) “Gestational carrier” means a individual who is neither an intended parent nor a donor, who agrees to become pregnant for an intended parent by assisted reproduction with the intention of gestating and delivering the intended parent’s child.

(5) “Gestational carrier agreement” means a written agreement between the gestational carrier, the gestational carrier’s spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the parent of the child resulting from the assisted reproduction.

(6) “Gestational carrier arrangement” means the process by which an individual attempts to carry and give birth to a child created through assisted reproduction using the gamete provided by the intended parents which may or may not be genetically related to either of the intended parents, and to which the gestational carrier has made no genetic contribution.

(7) “Health care provider” means an individual who is duly licensed to provide health care, including all medical, psychological, or counseling professionals.

(8) “Physician” means an individual licensed to practice medicine in any or all of its branches in this State.

85 Del. Laws, c. 276, § 90; 

(a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection of all parties to a gestational or genetic carrier agreement in this State and to confirm the legal status of children born as a result of these agreements. These standards and safeguards are meant to facilitate the use of this type of reproductive agreement in accordance with the public policy of this State.

(b) This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

In a proceeding to enforce a gestational or genetic carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:

(1) The individual is personally served with notice within this State;

(2) The individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided in this State at the time the individual executed the gestational or genetic carrier agreement or consented to the embryo transfer;

(4) The individual executed a gestational or genetic carrier agreement with an individual who resided in this State at the time the gestational or genetic carrier agreement was executed and voluntarily submitted to the jurisdiction of this State in the gestational or genetic carrier agreement;

(5) The nonresident gestational or genetic carrier had, or is expected to have an embryo transfer performed in this State under a gestational or genetic carrier agreement;

(6) The nonresident intended parents consented to a gestational carrier having an embryo transfer in this State under a gestational carrier agreement;

(7) The nonresident intended parents consented to a genetic carrier undergoing assisted reproduction in this State under a genetic carrier agreement;

(8) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational or genetic carrier agreement;

(9) The child resides in this State as a result of the acts or directives of the individual; or

(10) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

(a) Unless a gestational or genetic carrier agreement expressly provides otherwise:

(1) The marriage of a gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement, the consent of the gestational or genetic carrier’s spouse to the agreement is not required, and the gestational or genetic carrier’s spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

(2) The divorce, dissolution, annulment, or declaration of invalidity of the marriage of the gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement.

(b) Unless a gestational or genetic carrier agreement expressly provides otherwise:

(1) The marriage of an intended parent after an agreement is signed by all parties does not affect the validity of a gestational or genetic carrier agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the agreement, a parent of the child conceived by assisted reproduction under the agreement; and

(2) The divorce, dissolution, annulment, or declaration of invalidity of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in § 8-817 of this title, the intended parents are the parents of the child.

85 Del. Laws, c. 276, § 90; 

(a) Section 8-811 of this title applies to an intended parent under a gestational carrier agreement even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.

(b) Except as otherwise provided in § 8-818, § 8-819, or § 8-820 of this title, on birth of a child conceived by assisted reproduction under a genetic carrier agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.

(c) Except as otherwise provided in § 8-811, § 8-818, § 8-819, or § 8-820 of this title, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational or genetic carrier agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(1) The agreement provides otherwise; and

(2) The transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent.

85 Del. Laws, c. 276, § 90; 

Notwithstanding § 1063 of Title 10 and unless the court orders otherwise, a petition and any other document related to a gestational or genetic carrier agreement filed with the court under this part are not open to inspection by any individual other than the parties to the proceeding, a child conceived by assisted reproduction under the agreement, their attorneys, and the Department of Health and Social Services. A court may not authorize an individual to inspect a document related to the agreement, unless required by exigent circumstances. The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected.

85 Del. Laws, c. 276, § 90; 

A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

(a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibities, and obligations set forth in Chapter 7 of this title.

(b) The breach of the gestational carrier agreement by the intended parents does not relieve the intended parents of the support obligations imposed by this chapter.

(c) If a laboratory error occurs in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 or both intended parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

(a) Before executing an agreement to act as a gestational carrier, an individual must meet all of the following requirements:

(1) Be at least 21 years of age.

(2) Have given birth to at least 1 child.

(3) Have completed a medical evaluation.

(4) Have completed a mental health evaluation.

(5) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement. The legal counsel must be paid for by the intended parents, if requested by the gestational carrier.

(6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the gestational carrier under the gestational carrier agreement.

(b) An individual intending to become a parent, whether genetically related to the child or not, must meet the following requirements at the time the gestational carrier agreement is executed:

(1) Have completed a mental health evaluation; and

(2) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.

79 Del. Laws, c. 88, §  8;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  85 Del. Laws, c. 276, § 90; 

(a) A gestational carrier agreement is enforceable if:

(1) It meets the requirements set forth in subsection (b) of this section, and

(2) It contains at a minimum each of the terms set forth in subsection (c) of this section.

(b) A gestational carrier agreement must meet the following requirements:

(1) Be in writing;

(2) Be executed before the initiation of an embryo transfer in furtherance of the gestational carrier arrangement by the following, who have been represented in all matters concerning the gestational carrier arrangement and the gestational carrier agreement by independent legal counsel licensed to practice law in this State:

a. A gestational carrier meeting the eligibility requirements of § 8-810(a) of this title and, if married, the gestational carrier’s spouse; and

b. The intended parents meeting the eligibility requirements of § 8-810(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the gestational carrier agreement;

(3) [Repealed.]

(4) Include a written acknowledgment, signed by the gestational carrier and intended parents, stating that the gestational carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the gestational carrier agreement;

(5) If the gestational carrier agreement provides for the payment of compensation to the gestational carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the gestational carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the gestational carrier’s eligibility under § 8-810(a) of this title; and

(6) Be witnessed by 2 disinterested, competent adults.

(c) A gestational carrier agreement must expressly provide the following:

(1) The written agreement of the gestational carrier to:

a. Undergo embryo transfer and attempt to carry and give birth to the child; and

b. Surrender custody of the child to the intended parents immediately on the birth of the child;

(2) If the gestational carrier is married, that the gestational carrier’s spouse:

a. Acknowledges and agrees to abide by the obligations imposed on the gestational carrier by the terms of the gestational carrier agreement; and

b. Surrenders custody of the child to the intended parents immediately on the birth of the child;

(3) The right of the gestational carrier to utilize the services of a health care provider of the gestational carrier’s choosing, after consultation with the intended parents, to provide the gestational carrier’s care during the pregnancy; and

(4) The written agreement of the intended parents to:

a. Accept legal custody of the child immediately on the birth of the child; and

b. Assume sole responsibility for the child immediately on the birth of the child.

(d) A gestational carrier agreement is enforceable even though it contains 1 or more of the following provisions:

(1) The gestational carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy;

(2) The gestational carrier’s agreement to abstain from any activities that the intended parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the gestational carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;

(3) The agreement of the intended parents to pay the gestational carrier reasonable compensation; and

(4) The agreement of the intended parents to pay for or reimburse the gestational carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the gestational carrier arrangement and the gestational carrier agreement.

(e) If any of the requirements of this section are not met, a court of competent jurisdiction shall determine parentage based on evidence of the parties’ intent.

(f) An escrow agent which enters into an escrow agreement with a party to a gestational carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a gestational carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.

79 Del. Laws, c. 88, §  8;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 90; 

Except as otherwise provided in this chapter, if a party does not comply with the requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights and obligations of the parties.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

(a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parents are entitled to all remedies available at law or equity.

(b) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the gestational carrier is entitled to all remedies available at law or equity.

(c) Specific performance is not an available remedy for a breach by the gestational carrier of a gestational carrier agreement term that requires the gestational carrier to be impregnated.

79 Del. Laws, c. 88, §  8;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 90; 

(a) Before executing an agreement to act as a genetic carrier, an individual must meet all of the following requirements:

(1) Be at least 21 years of age.

(2) Have given birth to at least 1 child.

(3) Have completed a medical evaluation.

(4) Have completed a mental health evaluation.

(5) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the genetic carrier agreement and been advised of the potential legal consequences of the genetic carrier arrangement. The legal counsel must be paid for by the intended parents, if requested by the genetic carrier.

(6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the genetic carrier under the genetic carrier agreement.

(b) An individual intending to become a parent, whether genetically related to the child or not, must meet the following requirements at the time the genetic carrier agreement is executed:

(1) Have completed a mental health evaluation; and

(2) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the genetic carrier agreement and have been advised of the potential legal consequences of the genetic carrier arrangement.

85 Del. Laws, c. 276, § 90; 

(a) A genetic carrier agreement is enforceable if:

(1) It meets the requirements set forth in subsection (b) of this section; and

(2) It contains, at a minimum, each of the terms set forth in subsection (c) of this section.

(b) A genetic carrier agreement must meet the following requirements:

(1) Be in writing;

(2) Be executed before the initiation of assisted reproduction in furtherance of the genetic carrier arrangement by the following, who have been represented in all matters concerning the genetic carrier arrangement and the genetic carrier agreement:

a. A genetic carrier meeting the eligibility requirements of § 8-814(a) of this title and, if married, the genetic carrier’s spouse; and

b. The intended parents meeting the eligibility requirements of § 8-814(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the genetic carrier agreement;

(3) Include a written acknowledgment, signed by the genetic carrier and intended parents, stating that the genetic carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the genetic carrier agreement;

(4) If the genetic carrier agreement provides for the payment of compensation to the genetic carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the genetic carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the genetic carrier’s eligibility under § 8-814(a) of this title; and

(5) Be witnessed by 2 disinterested, competent adults.

(c) A genetic carrier agreement must expressly provide the following:

(1) The written agreement of the genetic carrier to:

a. Undergo assisted reproduction using the genetic carrier’s own gamete and attempt to carry and give birth to the child; and

b. Surrender custody of the child to the intended parents immediately on the birth of the child;

(2) If the genetic carrier is married, that the genetic carrier’s spouse:

a. Acknowledges and agrees to abide by the obligations imposed on the genetic carrier by the terms of the genetic carrier agreement; and

b. Surrenders custody of the child to the intended parents immediately on the birth of the child;

(3) The right of the genetic carrier to utilize the services of a health care provider of the genetic carrier’s choosing, after consultation with the intended parents, to provide the genetic carrier’s care during the pregnancy; and

(4) The written agreement of the intended parents to:

a. Accept legal custody of the child immediately on birth of the child; and

b. Assume sole responsibility for the child immediately on birth of the child.

(d) A genetic carrier agreement is enforceable even though it contains 1 or more of the following provisions:

(1) The genetic carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy;

(2) The genetic carrier’s agreement to abstain from any activities that the intended parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the genetic carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;

(3) The agreement of the intended parents to pay the genetic carrier reasonable compensation; and

(4) The agreement of the intended parents to pay for or reimburse the genetic carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the genetic carrier arrangement and the genetic carrier agreement.

(e) An escrow agent which enters into an escrow agreement with a party to a genetic carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a genetic carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.

85 Del. Laws, c. 276, § 90; 

(a) Except as otherwise provided in § 8-820 of this title, to be enforceable, a genetic carrier agreement must be validated by the court. A proceeding to validate the agreement must be commenced before assisted reproduction related to the genetic carrier agreement.

(b) The court shall issue an order validating the genetic carrier agreement if the court finds that:

(1) Sections 8-814 and 8-815 of this title are satisfied; and

(2) All parties entered into the agreement voluntarily and understand its terms.

(c) An individual who terminates under § 8-817 of this title a genetic carrier agreement shall file notice of the termination with the court. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this section. An individual who does not notify the court of the termination of the agreement is subject to sanctions.

85 Del. Laws, c. 276, § 90; 

(a) A party to a genetic carrier agreement may terminate the agreement as follows:

(1) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination must be attested by a notarial officer or witnessed.

(2) A genetic carrier who is a party to the agreement may withdraw consent to the agreement any time before 72 hours after the birth of a child conceived by assisted reproduction under the agreement. To withdraw consent, the genetic carrier must execute a notice of termination in a record stating the genetic carrier’s intent to terminate the agreement. The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before 72 hours after the birth of the child.

(b) On termination of the genetic carrier agreement under subsection (a) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the genetic carrier through the date of termination which are reimbursable under the genetic carrier agreement. Unless the genetic carrier agreement provides otherwise, the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier.

(c) Except in a case involving fraud, neither a genetic carrier nor the carrier’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic carrier agreement under this section.

85 Del. Laws, c. 276, § 90; 

(a) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate a genetic carrier agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under § 8-816 of this title.

(b) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall make an order:

(1) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent;

(2) Declaring that the genetic carrier and the genetic carrier’s spouse or former spouse, if any, are not parents of the child;

(3) Designating the contents of the birth certificate in accordance with subchapter II of Chapter 31 of Title 16 and directing the Office of Vital Statistics to designate each intended parent as a parent of the child;

(4) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under § 8-807 of this title;

(5) If necessary, that the child be surrendered to the intended parents; and

(6) For other relief the court determines necessary and proper.

(c) If a genetic carrier terminates under § 8-817(a)(2) of this title a genetic carrier agreement, parentage of the child conceived by assisted reproduction under the agreement must be determined under subchapters I through VI of this chapter.

(d) If a child born to a genetic carrier is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction, parentage must be determined under subchapter I through VI of this chapter. Unless the genetic carrier agreement provides otherwise, if the child was not conceived by assisted reproduction the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier.

(e) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, if an intended parent fails to file notice required under § 8-817(a) of this title, the genetic carrier or Department of Health and Social Services may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the genetic carrier. Unless the genetic carrier has properly exercised the right under § 8-817 of this title to withdraw consent to the agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall order that each intended parent is a parent of the child.

85 Del. Laws, c. 276, § 90; 

(a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibilities, and obligations set forth in Chapter 7 of this title.

(b) The breach of the genetic carrier agreement by the intended parents does not relieve the intended parents of the support obligations imposed by this chapter.

(c) If a laboratory error in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 of the intended parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.

85 Del. Laws, c. 276, § 90; 

(a) A genetic carrier agreement, whether or not in a record, that is not validated under § 8-816 of this title is enforceable only to the extent provided in this section and § 8-821 of this title.

(b) If all parties agree, a court may validate a genetic carrier agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement.

(c) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-816 of this title is born and the genetic carrier, consistent with § 8-817(a)(2) of this title, withdraws the genetic carrier’s consent to the agreement before 72 hours after the birth of the child, the court shall adjudicate the parentage of the child under subchapters I through VI of this chapter.

(d) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-816 of this title is born and a genetic carrier does not withdraw the genetic carrier’s consent to the agreement, consistent with § 8-817(a)(2) of this title, before 72 hours after the birth of the child, the genetic carrier is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in § 8-613(a) of this title and the intent of the parties at the time of the execution of the agreement.

(e) The parties to a genetic carrier agreement have standing to maintain a proceeding to adjudicate parentage under this section.

85 Del. Laws, c. 276, § 90; 

(a) Subject to § 8-816(b) of this title, if a genetic carrier agreement is breached by a genetic carrier or 1 or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.

(b) Specific performance is not a remedy available for breach by a genetic carrier of a requirement of a validated or nonvalidated genetic carrier agreement that the genetic carrier be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.

(c) Except as otherwise provided in subsection (b) of this section, specific performance is a remedy available for:

(1) Breach of a validated genetic carrier agreement by a genetic carrier of a requirement which prevents an intended parent from exercising the full rights of parentage 72 hours after the birth of the child; or

(2) Breach by an intended parent which prevents the intended parent’s acceptance of duties of parentage 72 hours after the birth of the child.

85 Del. Laws, c. 276, § 90; 

Except as provided in this subchapter, an individual is not liable for nonnegligent actions taken under the requirements of this subchapter.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

If any provision of this subchapter or its application to any individual or circumstance is held to be invalid, the invalidity of that provision or application does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

An action to invalidate a gestational or genetic carrier agreement meeting the requirements of this subchapter or to challenge the rights of parentage established under this subchapter may not be commenced after 12 months from the date of birth of the child.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90; 

(a) The rule of construction that statutes in derogation of the common law are to be strictly construed does not apply to this subchapter. This subchapter must be broadly construed to accomplish its intended purposes.

(b) Part 2 of this subchapter, as enacted by 79 Del. Laws, c. 88, § 8, applies only to gestational carrier agreements executed after July 3, 2013, and before December 6, 2026, except proceedings for pre-birth determination of parentage pursuant to § 8-617 of this title which may be commenced on or after July 3, 2013, and before December 6, 2026.

(c) Part 2 of this subchapter, as enacted by 85 Del. Laws, c. 276, applies to gestational carrier agreements executed, or gestational carrier arrangements made, on or after December 6, 2026.

(d) Part 3 of this subchapter applies to genetic carrier agreements executed, or genetic carrier arrangements made, before, on, or after December 6, 2026.

79 Del. Laws, c. 88, §  8;  85 Del. Laws, c. 276, § 90;