Surrogacy Contract
Surrogacy Contract
1. Introduction
1.1 Identification of Parties
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."
1.2 Purpose of the Agreement
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.
1.3 Statement of Intent
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.
2. Surrogate's Obligations
2.1 Health and Lifestyle Requirements
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.
2.2 Medical Procedures and Treatments
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.
2.3 Legal and Financial Responsibilities
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.
2.4 Agreement to Abide by Medical Recommendations
The Surrogate agrees to comply with all medical recommendations and instructions provided by the attending physician(s) throughout the pregnancy, delivery, and postpartum period.
3. Intended Parents' Obligations
3.1 Financial Responsibilities
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.
3.2 Emotional Support
The Intended Parents agree to provide the Surrogate with emotional support and understanding throughout the surrogacy journey, recognizing the physical and emotional challenges involved.
3.3 Legal Obligations
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.
3.4 Relationship Boundaries
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.
4. Compensation and Expenses
4.1 Surrogate Compensation
The Surrogate shall receive [specific compensation amount] as compensation for her services as a surrogate, payable under the payment schedule outlined herein.
4.2 Reimbursement for Expenses
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.
4.3 Payment Schedule
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.
5. Parental Rights and Responsibilities
5.1 Establishment of Parentage
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.
5.2 Custody and Visitation Agreements
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.
5.3 Birth Certificate and Legal Documentation
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.
6. Medical and Health Provisions
6.1 Medical Insurance Coverage
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.
6.2 Health and Wellness Requirements
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.
6.3 Termination of Pregnancy Clause
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.
7. Confidentiality and Privacy
7.1 Non-Disclosure Agreements
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.
7.2 Privacy Concerns
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.
7.3 Media and Publicity Restrictions
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.
8. Dispute Resolution
8.1 Mediation Process
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.
8.2 Arbitration Procedure
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].
8.3 Court Jurisdiction
Any disputes not resolved through mediation or arbitration shall be subject to the exclusive jurisdiction of the courts [specify jurisdiction].
9. Termination and Revocation
9.1 Conditions for Termination
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.
9.2 Revocation Process
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.
9.3 Consequences of Breach
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.
10. Governing Law and Jurisdiction
10.1 Choice of Law
This Agreement shall be governed by and construed under the laws of [specify jurisdiction], without regard to its conflict of laws principles.
10.2 Jurisdiction for Legal Disputes
Any legal disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts [specify jurisdiction].
10.3 Applicable Legal Standards
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.
11. Miscellaneous
11.1 Severability Clause
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.
11.2 Entire Agreement Clause
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.
11.3 Amendments and Modifications
This Agreement may only be amended or modified by a written instrument executed by all parties hereto.
12. Signatures
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]
