H.F. No. 5453 Summary

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

• Gestational surrogacy contracts are enforceable if they meet specific requirements including separate legal counsel for all parties, written acknowledgment of rights and obligations, notarization, and execution before medical procedures begin.

• Gestational surrogates must be at least 21 years old, U.S. citizens or legal residents, have previously given birth, pass medical and mental health evaluations, complete criminal background checks, maintain health insurance, and have less than $10,000 in non-mortgage/auto debt.

• Intended parents must be married at least two years, be U.S. citizens or legal residents, provide a physician's affidavit of infertility, contribute at least one gamete, complete mental health evaluations and criminal background checks, and maintain estate planning documents.

• For-profit surrogacy agents are prohibited and constitute a felony punishable by up to two years imprisonment and $25,000 fine; only nonprofit surrogacy agencies licensed by the Department of Human Services may operate.