This Surrogacy Contract ("Agreement") is entered into on [Date], between [Your Name], hereinafter referred to as the "Intended Parents," and [Surrogate's Name], hereinafter referred to as the "Surrogate."
The purpose of this Agreement is to establish the terms and conditions under which the Surrogate agrees to carry and deliver a child for the Intended Parents through assisted reproductive technology.
The parties herein intend to undertake the surrogacy process in good faith, with full understanding and commitment to their respective rights, responsibilities, and obligations as delineated in this Agreement.
The Surrogate agrees to maintain optimal physical and emotional health throughout the surrogacy journey. This includes abstaining from any activities or substances deemed harmful to the pregnancy by medical professionals.
The Surrogate agrees to undergo all necessary medical procedures and treatments as prescribed by the attending physician(s) to achieve and maintain a successful pregnancy.
The Surrogate agrees to adhere to all legal requirements and obligations associated with the surrogacy process, including but not limited to, executing any legal documents necessary to establish parentage and relinquishing parental rights upon the child's birth.
The Surrogate agrees to comply with all medical recommendations and instructions provided by the attending physician(s) throughout the pregnancy, delivery, and postpartum period.
The Intended Parents agree to assume full financial responsibility for all expenses related to the surrogacy arrangement, including but not limited to, medical costs, legal fees, surrogate compensation, and any other associated expenses.
The Intended Parents agree to provide the Surrogate with emotional support and understanding throughout the surrogacy journey, recognizing the physical and emotional challenges involved.
The Intended Parents agree to fulfill all legal obligations required to establish parentage and ensure the legality and enforceability of this Agreement under applicable laws.
The parties agree to maintain appropriate boundaries in their relationship, understanding that the surrogacy arrangement is a contractual agreement and not intended to create a familial or personal relationship beyond its scope.
The Surrogate shall receive [specific compensation amount] as compensation for her services as a surrogate, payable under the payment schedule outlined herein.
The Intended Parents shall reimburse the Surrogate for all reasonable and necessary expenses incurred in connection with the surrogacy arrangement, including but not limited to, medical expenses, travel expenses, and maternity clothing.
Payments to the Surrogate shall be made in [specific installments or lump sums] as outlined in Schedule A attached hereto and incorporated herein by reference.
The parties agree to take all necessary legal steps to establish the parentage of the child born through the surrogacy arrangement, including executing any required legal documents and obtaining a pre-birth order or post-birth adoption as necessary.
The parties agree to establish custody and visitation agreements, if applicable, under the best interests of the child and the preferences of all parties involved.
The Intended Parents shall be listed as the legal parents on the child's birth certificate, and all necessary legal documentation shall be completed promptly following the child's birth.
The Intended Parents shall provide comprehensive medical insurance coverage for the Surrogate throughout the surrogacy process, including coverage for prenatal care, labor and delivery, and postpartum care.
The Surrogate agrees to maintain a healthy lifestyle and adhere to all medical recommendations provided by her healthcare providers for the duration of the pregnancy.
In the event of a medical necessity or other compelling reason, the parties agree to follow the recommendations of medical professionals regarding the termination of the pregnancy, with due consideration for the health and well-being of all parties involved.
The parties agree to maintain strict confidentiality regarding all aspects of the surrogacy arrangement, including the identities of the parties involved, the details of the agreement, and any medical or personal information shared throughout the process.
The parties agree to respect each other's privacy and autonomy, refraining from disclosing any sensitive information or engaging in any actions that may compromise the privacy or dignity of any party involved.
The parties agree not to publicize or disclose any details of the surrogacy arrangement to the media or any third parties without the express written consent of all parties involved.
In the event of any disputes or disagreements arising under this Agreement, the parties agree to first attempt to resolve the matter through mediation with a neutral third-party mediator chosen jointly by the parties.
If mediation is unsuccessful in resolving the dispute, the parties agree to submit the matter to binding arbitration under the rules and procedures of [specified arbitration organization].
Any disputes not resolved through mediation or arbitration shall be subject to the exclusive jurisdiction of the courts [specify jurisdiction].
This Agreement may be terminated by mutual consent of the parties or by court order upon a showing of good cause, including but not limited to, a material breach of the Agreement by any party.
Any party seeking to terminate this Agreement must provide written notice to all other parties, clearly stating the reasons for termination and proposed next steps.
In the event of a breach of this Agreement by any party, the non-breaching party shall be entitled to seek appropriate legal remedies, including but not limited to, damages and injunctive relief.
This Agreement shall be governed by and construed under the laws of [specify jurisdiction], without regard to its conflict of laws principles.
Any legal disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts [specify jurisdiction].
The parties agree that any legal proceedings arising under this Agreement shall be conducted under the legal standards and principles applicable in the chosen jurisdiction.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
This Agreement constitutes the entire understanding and agreement between the parties concerning the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.
This Agreement may only be amended or modified by a written instrument executed by all parties hereto.
In Witness Whereof, the Parties have executed this Surrogacy Contract as of the date first above written.
[Surrogate's Name]
[Date Signed]
[Your Name]
[Date Signed]
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