S.F. No. 2740 Summary

• Traditional surrogacy arrangements are declared invalid and unenforceable; parentage and custody remain with the birth mother until she voluntarily terminates parental rights.

• Gestational surrogacy contracts are enforceable if both parties have separate legal counsel, signed written acknowledgment of rights and obligations, medical and mental health evaluations, and meet specific eligibility requirements.

• Intended parents must be married couples, at least 21 years old, married for 2+ years, medically unable to conceive, with at least one contributing a gamete; gestational surrogates must be 21+, U.S. citizens/residents, have previously given birth, and have less than $10,000 in non-mortgage debt.

• Gestational surrogate contracts cannot include compensation beyond actual expenses, limits on surrogate's medical decisions, required pregnancy termination, or expense recovery limits based on live birth outcomes.

• Operating a for-profit surrogacy agency is a felony punishable by up to 2 years imprisonment and $25,000 fine; only nonprofit corporations licensed by Department of Human Services may operate surrogacy agencies; effective date August 1, 2018.