(a) To execute an agreement to act as a gestational or genetic surrogate, a person shall:
(1) Have attained twenty-one years of age;
(2) Have previously given birth to at least one child;
(3) Complete a medical evaluation related to the surrogacy arrangement by a licensed physician;
(4) Complete a mental health evaluation by a licensed mental health professional;
(5) Have independent legal representation of the surrogate's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement; and
(6) Have or obtain a health insurance policy or other coverage for major medical treatment and hospitalization and such policy or other coverage shall be for a term that extends throughout the duration of the expected pregnancy and for eight weeks after the birth of the resulting child.
(b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:
(1) Have attained twenty-one years of age;
(2) Complete a mental health evaluation by a licensed mental health professional; and
(3) Have independent legal representation of the intended parent's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.