DE HB131

Establishes the "Gestational Carrier Agreement Act" as a new subchapter VIII in Delaware family law, creating legal standards and protections for gestational carrier arrangements involving assisted reproduction.

Defines key terms including "gestational carrier," "intended parent," "compensation," "embryo transfer," and "gestational carrier agreement" to provide clear legal framework for surrogacy arrangements.

Requires gestational carrier agreements to be in writing, executed before embryo transfer, with independent legal representation for all parties, medical and mental health evaluations, and health insurance coverage for the gestational carrier through 8 weeks postpartum.

Establishes that intended parents become legal parents immediately upon birth, with full parental rights and custody vesting in them; gestational carriers have no parental rights unless they are also intended parents.

Allows pre-birth establishment of parentage for assisted reproduction cases when parties file petitions with affidavits verifying assisted reproduction, acknowledgment of parentage, and gestational carrier agreements; limits challenges to parentage determinations to 12 months from birth.