§ 581-405. Termination of surrogacy agreement. After the execution of
a surrogacy agreement but before the person acting as surrogate becomes
pregnant by means of assisted reproduction, the person acting as
surrogate, the spouse of the person acting as surrogate, if applicable,
or any intended parent may terminate the surrogacy agreement by giving
notice of termination in a record to all other parties. Upon proper
termination of the surrogacy agreement the parties are released from all
obligations recited in the surrogacy agreement except that the intended
parent or parents remains responsible for all expenses that are
reimbursable under the agreement which have been incurred by the person
acting as surrogate through the date of termination. If the intended
parent or parents terminate the surrogacy agreement pursuant to this
section after the person acting as surrogate has taken any medication or
commenced treatment to further embryo transfer, such intended parent or
parents shall be responsible for paying for or reimbursing the person
acting as surrogate for all co-payments, deductibles, any other
out-of-pocket medical costs, and any other economic losses incurred
within twelve months of the termination of the agreement and associated
with taking such medication or undertaking such treatment. Unless the
agreement provides otherwise, the person acting as surrogate is entitled
to keep all payments received and obtain all payments to which the
person is entitled up until the date of termination of the agreement.
Neither a person acting as surrogate nor the spouse of the person acting
as surrogate, if any, is liable to the intended parent or parents for
terminating a surrogacy agreement as provided in this section.