(1) A party to a surrogacy agreement may terminate the agreement, at any time before
a gamete or an embryo transfer, by giving notice of termination in a record to all
other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate
the agreement at any time before a subsequent gamete or embryo transfer.
(2) Unless a surrogacy agreement provides otherwise, on termination of the agreement
pursuant to subsection (1) of this section, the parties are released from the agreement;
except that each intended parent remains responsible for expenses that are reimbursable
under the agreement and incurred by the gestational surrogate or genetic surrogate
through the date of termination.
(3) Except in a case involving fraud, no party is liable to any other party for a
penalty or liquidated damages for terminating a surrogacy agreement under this section.
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