§ 581-409. Dispute as to surrogacy agreement. (a) Any dispute which is
related to a surrogacy agreement other than disputes as to parentage,
which are not resolved through alternative dispute resolution methods,
shall be resolved by the supreme court, which shall determine the
respective rights and obligations of the parties. In any proceeding
initiated pursuant to this section, the court may, at its discretion,
authorize the use of conferencing or mediation at any point in the
proceedings.

(b) Except as expressly provided in the surrogacy agreement or
subdivision (c) or (d) of this section, if the agreement is breached by
the person acting as surrogate, the spouse of the person acting as
surrogate, if applicable, or one or more intended parent, the
non-breaching party shall be entitled to all remedies available at law
or in equity in any dispute related to the surrogacy agreement.

(c) Specific performance shall not be a remedy available for a breach
by a person acting as surrogate of a provision in the surrogacy
agreement that the person acting as surrogate be impregnated, agree to a
multiple embryo transfer, terminate or not terminate a pregnancy, or
submit to medical procedures including a cesarean section.

(d) If any intended parent is adjudicated to be the parent of the
child, specific performance is a remedy available for: (1) breach of the
surrogacy agreement by a person acting as surrogate which prevents the
intended parent or parents from exercising the full rights of parentage
immediately upon the birth of the child; or (2) breach by the intended
parent or parents by failure to accept the duties of parentage
immediately upon the birth of the child.

(e) In any proceeding initiated pursuant to this section, where the
supreme court determines that the dispute involves both contractual and
parentage issues, the court may order that the portion of the
proceedings raising parentage issues may be transferred to the family or
surrogate's court.