Delaware Code Title 13. Domestic Relations §  8-806. Eligibility

(1) She is at least 21 years of age;

(2) She has given birth to at least 1 child;

(3) She has completed a medical evaluation;

(4) She has completed a mental health evaluation;

(5) She has been represented by independent legal counsel regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement which legal expense shall be paid for by the intended parent(s) if requested;  and

(6) She has or obtains prior to the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child;  provided, however, that the policy may be procured by the intended parent(s) on behalf of the gestational carrier pursuant to the gestational carrier agreement.

(1) The person or persons have completed a mental health evaluation;  and

(2) The person or persons have independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.