What are The Laws in Delaware for Surrogacy?
Delaware is considered one of the more supportive states in the country for intended parents and surrogates, thanks to a clear statutory framework that outlines how gestational surrogacy arrangements work. Knowing the basics of these laws can help families feel more confident as they begin the process. The Gestational Carrier Agreement Act Gestational surrogacy in Delaware is governed by the Gestational Carrier Agreement Act, found in Title 13 of the Delaware Code. Under this law, a properly executed surrogacy agreement means the gestational carrier is not considered a legal parent of the child once specified requirements are met. This protection applies regardless of the intended parents' marital status, sexual orientation, or genetic connection to the child, making Delaware inclusive for a wide range of family structures. Compensated surrogacy arrangements are legal and enforceable under this framework, giving surrogates the option to receive payment beyond basic e...