In Delaware, Delaware Code 13, § 8-801 through § 8-810 is the established law toward gestational surrogacy. It dictates that, so long as all conditions are met, the gestational surrogate is not a parent to a child born of such an agreement. Parentage rights and responsibilities legally belong to the intended parents.
Traditional surrogacy (where the surrogate contributes genetically to the child) is not contemplated within the Delaware Gestational Carrier Agreement Act. Legislation would be needed to amend the existing statute to bring traditional surrogacy within the protections of the current law.