The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 15C V.S.A. § 808)
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§ 808. Effect of noncompliance; standard of review; remedies
(a) Not enforceable. Not enforceable. A gestational carrier agreement that does not substantially meet
the requirements of this chapter is not enforceable.
(b) Standard of review. In the event of noncompliance with the requirements of this chapter or with a gestational
carrier agreement, the Family Division of the Superior Court shall determine the respective
rights and obligations of the parties to the gestational carrier agreement, including
evidence of the intent of the parties at the time of execution.
(c) Remedies. Except as expressly provided in a gestational carrier agreement and in subsection
(d) of this section, in the event of a breach of the gestational carrier agreement
by the gestational carrier or the intended parent or parents, the gestational carrier
or the intended parent or parents are entitled to all remedies available at law or
in equity.
(d) Genetic testing. If a person alleges that the parentage of a child born to a gestational carrier is
not the result of assisted reproduction, and this question is relevant to the determination
of parentage, the court may order genetic testing.
(e) Specific performance. Specific performance is not an available remedy for a breach by the gestational carrier
of any term in a gestational carrier agreement that requires the gestational carrier
to be impregnated or to terminate a pregnancy. Specific performance is an available
remedy for a breach by the gestational carrier of any term that prevents the intended
parent or parents from exercising the full rights of parentage immediately upon the
birth of the child. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2023, No. 175 (Adj. Sess.), § 13e, eff. July 1, 2024.)