Delaware's Gestational Carrier Agreement Act provides an enforceable pathway with eligibility, independent-counsel, insurance, escrow, and parentage safeguards. It permits intended parents with or without a genetic connection and compensated arrangements; a major 2026 revision was enacted but does not take effect until December 6, 2026.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
Under the law in effect on the review date, the agreement must be written, signed before embryo transfer, witnessed by two adults, and supported by independent Delaware counsel for each side. Compensation and reasonable expenses are permitted, with payments placed in escrow before medications or procedures begin.
A carrier must be at least 21, have previously delivered a live child, complete medical and mental-health evaluations, have independent Delaware counsel, and maintain health coverage through at least eight weeks after birth. A spouse or civil-union partner generally joins.
Delaware authorizes a parentage proceeding connected to a compliant gestational agreement, including an order before birth that becomes effective upon birth. The intended parent or parents are recognized without a required genetic connection when the statute is followed.
A 2026 revision was approved June 9, 2026 but takes effect 180 days later; agreements spanning December 6, 2026 need a transition-date review.
Verify age, prior birth, evaluations, insurance, and separate Delaware representation before signing.
Compensation and expense payments must follow the statutory escrow and timing rules before medications or procedures begin.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Ask separate Delaware counsel to apply the version of Title 13 effective on the agreement and procedure dates, confirm eligibility and escrow, and prepare the birth-effective parentage order before transfer.
A carrier must be at least 21, have previously delivered a live child, complete medical and mental-health evaluations, have independent Delaware counsel, and maintain health coverage through at least eight weeks after birth. A spouse or civil-union partner generally joins.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. Under the law in effect on the review date, the agreement must be written, signed before embryo transfer, witnessed by two adults, and supported by independent Delaware counsel for each side. Compensation and reasonable expenses are permitted, with payments placed in escrow before medications or procedures begin.
Delaware authorizes a parentage proceeding connected to a compliant gestational agreement, including an order before birth that becomes effective upon birth. The intended parent or parents are recognized without a required genetic connection when the statute is followed.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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