(a) A party to a gestational surrogacy agreement may terminate the agreement at any time before an embryo transfer by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (a), the parties are released from the agreement, except that each intended parent remains responsible for expenses that are contemplated under the agreement and incurred by the gestational surrogate through the date of termination of the surrogacy agreement or as otherwise agreed to in the gestational surrogacy agreement. (c) Unless there is fraud, a party is not liable to any other party for a penalty or liquidated damages for terminating a gestational surrogacy agreement under this Section.
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