§2720.3. Proceeding to approve gestational carrier contract

A. Prior to in utero embryo transfer, the intended parents or the gestational carrier and her spouse, if she is married, may initiate a summary proceeding in the court exercising jurisdiction over the adoption of minors where the intended parents or the gestational carrier reside, seeking to have the court approve a gestational carrier contract.

B. A proceeding to approve a gestational carrier contract shall be maintained only if all of the following occur:

(1) The gestational carrier and each of the intended parents have been domiciled in this state for at least one hundred eighty days.

(2) The intended parents, the gestational carrier, and her spouse, if she is married, are all parties to the proceeding.

(3) A copy of the proposed gestational carrier contract is attached to the motion.

(4) An independent board-certified physician in obstetrics and gynecology or in reproductive endocrinology, who has medically treated the intended mother over a period of time such that the physician is competent to reach medical conclusions about the intended mother's medical condition and submits a signed affidavit certifying that in utero embryo transfer with a gestational carrier is medically necessary to assist in reproduction.

(5) For purposes of this Section, "medically necessary" means that the intended mother has been diagnosed to be infertile, or to have a physical condition such that a pregnancy would create serious risk of death or substantial and irreversible impairment of a major bodily function beyond the risk customary to pregnancy and child birth.

Acts 2016, No. 494, §1.