(a) The intended parents and the prospective gestational mother under a gestational agreement may commence a proceeding to validate the agreement.
(b) A person may maintain a proceeding to validate a gestational agreement only if:
(1) the prospective gestational mother or the intended parents have resided in this state for the 90 days preceding the date the proceeding is commenced;
(2) the prospective gestational mother's husband, if she is married, is joined as a party to the proceeding; and
(3) a copy of the gestational agreement is attached to the petition.