Eligibility and agreement requirements
Vermont law requires a prospective gestational carrier to be at least 21, complete a medical evaluation that includes a mental-health consultation, and have independent legal representation. The written agreement must satisfy statutory requirements and be executed before embryo transfer.
Parentage
When a gestational-carrier agreement satisfies Chapter 8, Vermont law provides that the intended parent or parents are the legal parent or parents upon birth, subject to statutory exceptions and court procedures. The law also contains provisions for birth and parentage orders.
Health-care costs
The statute expressly addresses responsibility for gestational-carrier health-care costs not paid by insurance and requires the agreement to explain how those costs will be paid.
Medical autonomy and termination before transfer
A party may withdraw consent to a medical procedure, and the statute allows termination of the gestational-carrier agreement before embryo transfer under its stated procedure. Contract remedies cannot compel a carrier to become pregnant or terminate a pregnancy.
What to verify
- Eligibility under 15C V.S.A. § 801.
- Agreement requirements under § 802.
- Parentage and birth-order procedure under §§ 803–804.
- Health-care cost allocation under § 809.
- Current jurisdictional facts and any amendments that apply.