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This entry was published on 2021-02-19
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SECTION 581-306
Effect of embryo disposition agreement between intended parents which transfers legal rights and dispositional control to one intended pa...
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-C, PART 3
§ 581-306. Effect of embryo disposition agreement between intended
parents which transfers legal rights and dispositional control to one
intended parent. (a) An embryo disposition agreement between intended
parents with joint dispositional control of an embryo shall be binding
under the following circumstances:

(1) it is in writing;

(2) each intended parent had the advice of independent legal counsel
prior to its execution, which may be paid for by either intended parent;
and

(3) where the intended parents are married, transfer of legal rights
and dispositional control occurs only upon divorce.

(b) The intended parent who transfers legal rights and dispositional
control of the embryo is not a parent of any child conceived from the
embryo unless the agreement states that he or she consents to be a
parent and that consent is not withdrawn consistent with subdivision (c)
of this section.

(c) If the intended parent transferring legal rights and dispositional
control consents to be a parent, he or she may withdraw his or her
consent to be a parent upon written notice to the embryo storage
facility and to the other intended parent prior to transfer of the
embryo. If he or she timely withdraws consent to be a parent he or she
is not a parent for any purpose including support obligations but the
embryo transfer may still proceed.

(d) An embryo disposition agreement or advance directive that is not
in compliance with subdivision (a) of this section may still be found to
be enforceable by the court after balancing the respective interests of
the parties except that the intended parent who divested him or herself
of legal rights and dispositional control may not be declared to be a
parent for any purpose without his or her consent. The parent awarded
legal rights and dispositional control of the embryos shall, in this
instance, be declared to be the only parent of the child.