Louisiana § RS 9:2720.2 - Contractual requirements
Full text of Louisiana Louisiana Civil Code § RS 9:2720.2 — Contractual requirements, with citation guidance and answers to common questions.
§ RS 9:2720.2. 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.
Frequently Asked Questions About Louisiana § RS 9:2720.2
What does Louisiana Civil Code § RS 9:2720.2 cover?
Section RS 9:2720.2 ("Contractual requirements") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 9:2720.2?
A common citation format is "Louisiana Civil Code § RS 9:2720.2" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 9:2720.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.