§ 581-404. Surrogacy agreement: effect of subsequent spousal
relationship. (a) After the execution of a surrogacy agreement under
this article, the subsequent spousal relationship of the person acting
as surrogate does not affect the validity of a surrogacy agreement, the
consent of the spouse of the person acting as surrogate to the agreement
shall not be required, and the spouse of the person acting as surrogate
shall not be the presumed parent of any resulting children.

(b) The subsequent separation or divorce of the intended parents does
not affect the rights, duties and responsibilities of the intended
parents as outlined in the surrogacy agreement. After the execution of a
surrogacy agreement under this article, the subsequent spousal
relationship of the intended parent does not affect the validity of a
surrogacy agreement, and the consent of the spouse of the intended
parent to the agreement shall not be required.