HRS §584A-917
What happens when a surrogacy agreement is broken
If a surrogate or intended parent breaks a surrogacy agreement, the other side can sue for legal or fair remedies. A surrogate cannot be forced to undergo medical procedures or pregnancy actions. But after the child is born, a court can order the surrogate or intended parent to follow the agreement about parentage.
The statute, as written — Breach of genetic surrogacy agreement
(a) Subject to section 584A-913(b), if a genetic surrogacy agreement is breached by a genetic surrogate or one or more intended parents, the non-breaching party shall be entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by a genetic surrogate of a requirement of a validated or non-validated genetic surrogacy agreement that the surrogate undergo insemination or embryo transfer, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b), specific performance is a remedy available for breach: (1) Of a validated genetic surrogacy agreement by a genetic surrogate of a requirement that prevents an intended parent from exercising the full rights of parentage seventy-two hours after the birth of the child; or (2) By an intended parent that prevents the intended parent's acceptance of duties of parentage seventy-two hours after the birth of the child.
Sections this one refers to
§584A-913 Ending a genetic surrogacy agreement
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