(a) Prior to executing an agreement to act as a gestational carrier, a woman must meet the following requirements:

(1) She is at least 21 years of age;

(2) She has given birth to at least 1 child;

(3) She has completed a medical evaluation;

(4) She has completed a mental health evaluation;

(5) She has been represented by independent legal counsel regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement which legal expense shall be paid for by the intended parent(s) if requested; and

(6) She has or obtains prior to the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parent(s) on behalf of the gestational carrier pursuant to the gestational carrier agreement.

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

(1) He, she or they have completed a mental health evaluation; and

(2) He, she or they have independent legal representation 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.