A. The New Mexico Uniform Parentage Act does not authorize or prohibit an agreement between a woman and the intended parents:

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(1)     in which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and

(2)     that provides that the intended parents become the parents of the child.

B. If a birth results pursuant to a gestational agreement pursuant to Subsection A of this section and the agreement is unenforceable under other law of New Mexico, the parent-child relationship shall be determined pursuant to Article 2 of the New Mexico Uniform Parentage Act.