Surrogacy agreement after marriage or divorce

(a) Unless a surrogacy agreement expressly provides otherwise: (1) The marriage of a surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement, the surrogate's spouse's consent to the surrogacy agreement is not required, and the surrogate's spouse shall not be a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; and (2) The divorce, dissolution, annulment, declaration of invalidity, or legal separation of the surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement. (b) Unless a surrogacy agreement expressly provides otherwise: (1) The marriage of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent shall not be, based on the surrogacy agreement alone, a parent of a child conceived by assisted reproduction under the surrogacy agreement; and (2) The divorce, dissolution, annulment, declaration of invalidity, or legal separation of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and, except as otherwise provided in section 584A-913, the intended parents are the parents of the child.