Why this page is blue: As of August 2026, Delaware's revised carrier-agreement framework is enacted but not yet effective. Agreements executed before December 6, 2026 should not be analyzed as though the future provisions already govern.
What changes on December 6, 2026
The revised statute includes a detailed Gestational and Genetic Carrier Agreement Act, including eligibility, counsel, insurance and parentage provisions. The Delaware Code expressly labels these sections as effective December 6, 2026.
What prospective gestational carriers should verify now
- Which statutory framework applies based on the agreement date.
- Whether any future-effective provision is being mistakenly treated as current law.
- Independent legal counsel and agreement formalities.
- Insurance and compensation terms applicable to the specific agreement.
- How parentage will be established under the law actually in force for the journey.
The blue status is a transition marker, not a recommendation or warning against Delaware generally.