A gestational carrier contract must require the carrier and the intended parents to make specific certifications and commitments, including counseling, medical cooperation, custody, and parentage terms.
§2720.2. Contractual requirements A. In an enforceable gestational carrier contract, the gestational carrier shall do all of the following: (1) Agree to become pregnant by means of in utero embryo transfer, using the gametes of the intended parents, and to give birth to the resulting child. (2) Agree to reasonable medical evaluation and treatment during the term of the pregnancy, to adhere to reasonable medical instructions about prenatal health, and to execute medical records releases under R.S. 40:1165.1 in favor of the intended parents. (3) Certify that prior to executing the gestational carrier contract she has undergone at least two counseling sessions, separated by at least thirty days, with a licensed clinical social worker, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed counselor, to discuss the proposed gestational carrier. (4) Certify, along with her spouse if she is married, that she will relinquish all rights and duties as the parents of a child born as a result of in utero embryo transfer. (5) Agree to attend a minimum of one post-birth counseling session within six months of the birth of the child. B. In an enforceable gestational carrier contract, the intended parents shall certify in writing that they do all of the following: (1) Acknowledge that the gestational carrier has sole authority with respect to medical decision-making during the term of the pregnancy consistent with the rights of a pregnant woman carrying her own biological child. (2) Agree to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child's birth, regardless of any impairment of the child. (3) Agree to be recognized as the legal parents of the child. (4) Have a valid will or succession plan establishing custody of the child should both intended parents predecease the birth of the child. C. The gestational carrier contract shall include a preliminary estimate of anticipated expenses and their allocation in accordance with R.S. 9:2720.5. Acts 2016, No. 494, §1.