§ 581-405. Termination of surrogacy agreement. After the execution of
a surrogacy agreement but before the embryo transfer occurs or after an
unsuccessful embryo transfer, 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 shall
remain responsible for all lost wages and other financial obligations
which have accrued under the agreement 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 any other
out-of-pocket medical costs incurred within twelve months after the
termination of the agreement which, as documented by a health care
practitioner, are 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 applicable, is liable
to the intended parent or parents for terminating a surrogacy agreement
as provided in this section.