Breach of genetic carrier agreement [Effective Dec. 6, 2026].

§ 8-821. Breach of genetic carrier agreement [Effective Dec. 6, 2026]. (a) Subject to § 8-816(b) of this title, if a genetic carrier agreement is breached by a genetic carrier or 1 or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by a genetic carrier of a requirement of a validated or nonvalidated genetic carrier agreement that the genetic carrier be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b) of this section, specific performance is a remedy available for: (1) Breach of a validated genetic carrier agreement by a genetic carrier of a requirement which prevents an intended parent from exercising the full rights of parentage 72 hours after the birth of the child; or (2) Breach by an intended parent which prevents the intended parent’s acceptance of duties of parentage 72 hours after the birth of the child.85 Del. Laws, c. 276, § 90;