20-165 - Surrogate brokers prohibited; penalty; liability of surrogate brokers.
§ 20-165. Surrogate brokers prohibited; penalty; liability of surrogatebrokers.
A. It shall be unlawful for any person, firm, corporation, partnership, orother entity to accept compensation for recruiting or procuring surrogates orto accept compensation for otherwise arranging or inducing intended parentsand surrogates to enter into surrogacy contracts in this Commonwealth. Aviolation of this section shall be punishable as a Class 1 misdemeanor.
B. Any person who acts as a surrogate broker in violation of this sectionshall, in addition, be liable to all the parties to the purported surrogacycontract in a total amount equal to three times the amount of compensation tohave been paid to the broker pursuant to the contract. One-half of thedamages under this subsection shall be due the surrogate and her husband, ifany, and if he is a party to the contract, and one-half shall be due theintended parents.
An action under this section shall be brought within five years of the dateof the contract.
C. The provisions of this section shall not apply to the services of anattorney in giving legal advice or in preparing a surrogacy contract.
(1991, c. 600; 2010, c. 712.)