Execution of surrogacy agreements; individual requirements

(1) To execute an agreement to act as a surrogate, an individual must meet all of the following requirements: (a) Be 21 years of age or older. (b) Have previously given birth to at least 1 child. (c) Have completed a medical evaluation concerning the surrogacy arrangement. (d) Have completed a mental health consultation concerning the surrogacy arrangement. (e) Have independent legal representation of the individual's choice by an attorney licensed in this state throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement. (2) To execute a surrogacy agreement, an intended parent, whether or not genetically related to the child, must meet all of the following requirements: (a) Be 21 years of age or older. (b) Have completed a mental health consultation. (c) Have independent legal representation of the intended parent's or parents' choice by an attorney licensed in this state throughout the agreement negotiation process, the execution of the agreement, and the duration of the agreement about the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement.