Surrogacy Laws in Delaware
- Is Delaware a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes.
- Can birth order be obtained without a genetic connection to Child: Yes.
Summary of Delaware Surrogacy Law
Delaware has a Gestational Carrier statute that makes it a very surrogacy friendly state. Gestational Surrogacy is recognized by statute when there is an agreement in writing, executed prior to the initiation of an embryo transfer in furtherance of the gestational carrier arrangement; and the parties meet certain requirements. Carriers must be at least 21 years of age, have given birth to at least 1 child, have completed a medical evaluation, and have completed a mental health evaluation. She must be represented by independent legal counsel regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement. She must obtain health insurance prior to the embryo transfer that covers major medical treatments and hospitalization and extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. Intended parents are also required to complete a mental health evaluation and must have independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement. Funding must be held in an escrow agreement with an independent escrow agent prior to medical procedures beginning. The court will issue pre-birth orders without holding a hearing or requiring a copy of the agreement provided that the parties attest to certain procedures having been followed and meeting the statutory requirements.