Section 168-B:28 Damages.
I. If the surrogate fails to become pregnant after the surrogacy contract has been judicially approved pursuant to RSA 168-B:23, the contract shall be voidable at the option of either party.
II. If the intended parents breach a material term of the contract the surrogate may:
(a) Recover health care expenses that the intended parents were required to pay;
(b) Collect the fees provided for in the contract; and
(c) If the breach is refusal to accept the child, the surrogate may file notice pursuant to RSA 168-B:25, IV, and the intended parents shall be liable for support.
III. Any action by the surrogate for damages shall be brought in the probate court in which the petition for preauthorization was filed under RSA 168-B:20.
Source. 1990, 87:2, eff. Jan. 1, 1991.