§ 581-306. Effect of embryo disposition agreement between intended
parents which transfers legal rights and dispositional control to one
intended parent. (a) An embryo disposition agreement between intended
parents with joint dispositional control of an embryo shall be binding
under the following circumstances:

(1) it is in writing;

(2) each intended parent had the advice of independent legal counsel
prior to its execution, which may be paid for by either intended parent;
and

(3) where the intended parents are married, transfer of legal rights
and dispositional control becomes effective upon: (i) living separate
and apart pursuant to a decree or judgment of separation or pursuant to
a written agreement of separation subscribed by the parties thereto and
acknowledged or proved in the form required to entitle a deed to be
recorded; or (ii) living separate and apart at least three years; or
(iii) divorce; or (iv) death.

(b) The intended parent who transfers legal rights and dispositional
control of the embryo is not a parent of any child conceived from the
embryo unless the agreement states that he or she consents to be a
parent and that consent is not withdrawn consistent with subdivision (c)
of this section.

(c) If the intended parent transferring legal rights and dispositional
control consents to be a parent, he or she may withdraw his or her
consent to be a parent upon written notice to the embryo storage
facility and to the other intended parent prior to transfer of the
embryo. If he or she timely withdraws consent to be a parent he or she
is not a parent for any purpose including support obligations but the
embryo transfer may still proceed.

(d) An embryo disposition agreement that is not in compliance with
subdivision (a) of this section may still be found to be enforceable by
the court after balancing the respective interests of the parties except
that the intended parent who divested him or herself of legal rights and
dispositional control may not be declared to be a parent for any purpose
without his or her consent. The intended parent awarded legal rights and
dispositional control of the embryos shall, in this instance, be
declared to be the only parent of the child.