(a)(1) If a gestational carrier agreement satisfies the requirements of this article, the intended parent or parents are the parent or parents of the resulting child and parental rights and responsibilities shall vest exclusively in the intended parent or parents immediately upon the birth of the child, and the resulting child is considered the child of the intended parent or parents immediately upon the birth of the child. Neither the gestational carrier nor the gestational carrier’s spouse, if any, is the parent of the resulting child. (2) An individual who is determined to be a parent of the resulting child is obligated to support the child. The breach of the gestational carrier agreement by the intended parent or parents does not relieve the intended parent or parents of the obligation to support the resulting child. (3) Notwithstanding subsections (a)(1) and (a)(2) of this section, if genetic testing indicates a genetic relationship between the gestational carrier and the child and the child was not conceived pursuant to a gestational carrier agreement with a family member, then parentage shall be determined by the family court pursuant to articles 1 through 6 of this chapter. (b) If, due to a laboratory or clinical error, the resulting child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are considered the parent or parents of the child and not the gestational carrier and the carrier’s spouse, if any, subject to any other claim of parentage.
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