Sample Gestational Surrogacy ContractWhat is in a surrogacy contract? Important sample surrogacy contract and information for you. Sample only. Would you be offended if I asked you to click the Google +1 button below? Thank you very very much.
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SAMPLE SURROGACY CONTRACTSAMPLE SURROGACY CONTRACT ONLY - Gestational Surrogacy Contract -IN WHICH GENETIC MOTHER CANNOT OR DOES NOT WANT TO CARRY CHILD - ONLY - Neither www.Surrogacy-Surrogate-Mother.com nor owners are attorneys, lawyers or paralegals nor do they have any experience in the field of law. We have an attorney with experience with the surrogacy contract laws and procedures tailored to each one to your specific wishes of the parties and situation involved. Egg donor arrangements have a different contract also.
SURROGACY CONTRACTSURROGACY CONTRACT THIS SURROGACY CONTRACT AGREEMENT made this____day of________, ______________. by and between ______________________ __________________________ (hereinafter referred to as "Genetic Father and Genetic Mother" or collectively as "Genetic Parent(s)" and____________________ (hereinafter referred to as "Embryo Carrier") The Parties are aware that surrogate parenting remains a new and unsettled area of law and that this Agreement may be held unenforceable in whole or in part as against public policy depending on state law. Here in California there are not laws against or banning surrogacy. In addition, there is very good case law in favor of commercial surrogacy no matter what your marital status or sexual orientation. See: Laws on Surrogacy. I. Purpose and Intent Intended Parents __________________ and _______________________. The sole purpose and intent of this Agreement is to provide a means for _______________________, Genetic Father, to fertilize in vitro an ovum from his wife ________________________ Genetic Mother, for transfer and implantation into ____________________________, Embryo Carrier, who agrees to carry the ovum/embryo to term and relinquish custody of the child born pursuant to this Agreement to its Genetic Parents, ________________________________________________________________. II. Representations ____________________________ and ______________________________ represent that they are each over the age of eighteen years, who desire to enter into this Agreement, ____________________________ and ______________________________ further represent that to the best of their knowledge they are respectively capable of producing semen and ovum(s) of sufficient nature for in vitro fertilization and subsequent transfer into___________________, Embryo Carrier, but make no representations as to _______________________________'s ability or inability to conceive, carry to term or give birth to a child. ____________________________ represents that she is a woman over the age of 18 years, and that she desires to enter into this Agreement for the reasons stated above and not for herself to become the parent of any child conceived by ____________________ and __________________________ pursuant to this Agreement. _______________________ further represents that to the best of her knowledge she is capable of carrying an implanted ovum/embryo to term. III. Selection of Physicians and Counselor. A. Genetic Parents and Embryo Carrier will jointly select physician(s) to examine Embryo Carrier, order and review medical and blood tests for Genetic Parents, Embryo Carrier and Carrier's Husband (if married), and perform IVF procedures (the "Responsible Physician"). The Parties will select a doctor in ______________________ to do the review and perform the IVF procedures. B. The delivery doctor will be the Responsible Physician or Embryo Carrier's regular OBGYN, whichever the parties jointly select. C. At any time that Genetic Parents are advised it is appropriate, Genetic Parents and Embryo Carrier will jointly select an infertility specialist to become the Responsible Doctor. D. Genetic Parents and Embryo Carrier will jointly select a psychologist for testing before the IVF procedures and counseling/mediating during pregnancy. The parties have selected _______________________________ (the "Responsible Counselor") in _________________________________ , who is affiliated with _________________________________. IV. Physical Evaluations A. Embryo Carrier will have a medical examination, blood and other tests and psychological testing as determined by Genetic Parents and their advisors,___________________________________ expressly waives the privilege of confidentiality and permits the release of any reports or information obtained as a result of said examination/testing to ___________________________ and _____________________________. B. Embryo Carrier's Husband (if married) will have blood and sexually transmitted disease ("STD") tests as determined by the Responsible Physician. ____________________________ expressly waives the privilege of confidentiality and permits the release of any reports or information obtained as a result of said examination/testing to _____________________________ and ________________________________. V. Conditions All parties' obligations under this Agreement (other than the obligation of Genetic Parents to reimburse Embryo Carrier for expenses incurred) are conditioned on: A. The approval of Genetic Parents and their advisors of results of Embryo Carrier's exams and tests. B. The approval of Embryo Carrier and the Responsible Physician of results of Genetic Parents STD tests. VI. Medical Instructions A. ____________________________ agrees to adhere to all medical instructions given to her, including abstention from sexual intercourse as directed by the IVF Physician. _______________ agrees to follow a transfer and prenatal medical examination schedule set by the attending Physician. B. Embryo Carrier will not smoke, drink alcoholic beverages, use illegal drugs, non-prescription medication or prescription medication without approval of the Responsible Physician. B. Embryo Carrier will undergo prenatal medical exams as directed by the Responsible Physician, will submit to other medical tests, and will take only drugs and vitamins recommended or prescribed by the Responsible Physician. C. Embryo Carrier will do everything reasonably appropriate for her good health and the good health of the fetus during pregnancy. E. Embryo Carrier will not engage in any hazardous or inappropriate activity during the pregnancy. F. Embryo Carrier will not travel outside of ___________________ after second trimester of pregnancy, except in the event of extreme illness or death in the family (with doctors approval). VIII. Early Termination of Agreement Before Embryo Carrier becomes pregnant the agreement may be terminated: A. By Genetic Parents, if the Responsible Physician's opinion is that the Embryo Carrier will not become pregnant within _____ cycles. B. By Genetic Parents, if the Responsible Physician or counselor determines that Embryo Carrier is not a good candidate for carrying out this agreement. C. By Genetic Parents, or Embryo Carrier, if Embryo Carrier has not become pregnant after _____ cycles. D. By Embryo Carrier, if the Responsible Physician determines that Genetic Parents are not good candidates for carrying out this agreement. E. At the Discretion of Genetic Parents or Embryo Carrier. In the event of early termination, Genetic Parents will be responsible for Embryo Carrier's costs incurred up to date of termination. IX. Termination of Pregnancy. The parties recognize that Embryo Carrier has the constitutional right to abort or not abort the pregnancy, however, the parties intend the following: A. Genetic Parents and Embryo Carrier agree not to abort the pregnancy except to save the life of Embryo Carrier. B. Genetic Parents and Embryo Carrier agree not to selectively reduce the number of fetuses in the case of a multiple pregnancy. X. Birth A. Location Embryo Carrier will give birth at ____________________________ in _______________________________. B. Notice of Birth Embryo Carrier will notify Genetic Parents as soon as she goes into labor so that Genetic Parents can join her at the hospital. Genetic Parents intend to be at the hospital and to be present during delivery. C. Responsibility for Child. Genetic Parents shall be responsible for any children born, whether healthy or not. Embryo Carrier waives the right to make medical decisions regarding the child after birth. D. Child Born with Severe Birth Defects. If the child is born with birth defects so serious that life sustaining equipment is required and physician recommends that the child not be placed on such equipment or not be resuscitated. Genetic Parents will make the decision. If Embryo Carrier disagrees then she will be responsible for the child from that time, and Genetic Parents will have no further responsibility. E. Name. Genetic Parents will name the child. XI. Relinquishment/Adoption Embryo Carrier will relinquish physical custody of the child to Genetic Parents upon birth. Embryo Carrier and Genetic Parents will cooperate in all proceedings for adoption of the child by Genetic Parents if required by law. XII. Paternity Test Embryo Carrier, Embryo Carrier's Husband (if married) and Genetic Parents agree that the child will have paternity tests, if Genetic Parents request. XIII. After Birth Contact A. Embryo Carrier can see the child while in the hospital, but the child will be in the care of the Genetic Parents from birth forward. B. After Genetic Parents take the child from the hospital, Embryo Carrier and Embryo Carrier's Husband (if married) agree not to try to view or contact the child. Genetic Parents intend to keep Embryo Carrier informed by sending a picture and a letter about child's progress at least on an annual basis, if Embryo Carrier wishes. Embryo Carrier agrees that she will be reasonably available if child has questions about his/her birth mother. XIV. Counseling A. Counseling Sessions It is the parties' intention that Embryo Carrier will attend at least ____ counseling sessions per month with the Responsible Counselor in _____________________________ during the pregnancy. It is also the parties' intention that Embryo Carrier will attend more counseling sessions if: (i) Embryo Carrier wants to attend the sessions; (ii) Genetic Parents want Embryo Carrier to attend the sessions; or (ii) Embryo Carrier's attendance is strongly recommended by the Responsible Counselor. Embryo Carrier will use her reasonable efforts to attend the meetings, but will not be penalized for not attending is she does not feel well. B. Disagreements. The parties intend that if they have disagreements that they are unable to resolve quickly or if there are issues that they want to bring up before a third party, that they will discuss disagreements or issues in a conference call or meeting under guidance of Responsible Counselor. The parties acknowledge that the Responsible Counselor is very experienced in human relations and agree to be guided by his/her recommendations. XV. Fees A. Embryo Carrier's Fee. 1. Genetic Parents agree to pay Embryo Carrier as compensation for services provided the sum of $____________. The compensation shall be paid in 10 equal monthly installments, the first being paid after the pregnancy is confirmed. 2. In the case of a multiple pregnancy, Genetic Parents agree to pay Embryo Carrier a bonus of $______________ per additional child. Bonus fee will be added to the original fee of $_________________ and disbursed in equal monthly installments. 3. Escrow Account- Genetic Parents will open and escrow account and will place all fees in the account before IVF procedures begin. Genetic Parents attorney will be authorized to disburse funds form the account per the payment schedule set out above (Section XV, Part A, Paragraph 1 and 2). Said attorney trust account may be used instead of a private escrow company. 4. Embryo Carrier will receive the total fees set out above (Section XV, Part A, Paragraph 1 and 2), provided she carries the child (ren) for a least 32 weeks. 5. In the event that a caesarian birth is ordered in either a single or multiple birth, Embryo Carrier will be paid and additional $____________. 6. Genetic Parents will place $___________ in the aforementioned escrow account to pay or any medial expenses not covered by insurance. 7. For a completed cycle that does not result in a pregnancy. Embryo Carrier will be paid a sum of $___________. B. Termination of Pregnancy 1. If Embryo Carrier miscarries (through no fault of her own) or is advised by the Responsible Physician that an abortion is necessary to save her own life, then the payment plan outlined in Section XV, Part A, will cease and all payments to date will belong to Embryo Carrier. Any outstanding uninsured or un reimbursed medical expenses will be the responsibility of the Genetic Parents. 2. If Embryo Carrier aborts the pregnancy when not directed to do so by the Responsible Physician and Genetic Parents, then Genetic Parents will have no responsibility for surrogacy fee or expenses other than Embryo Carrier's expenses incurred to that date. C. Insurance 1. Genetic Parents will be responsible for term life insurance for Embryo Carrier. 2. The policy will be bought before the first IVF cycle and will remain in effect until 2 months after delivery or end of pregnancy. It will cost approximately $__________ premium for $250,000 face amount of insurance. The beneficiaries will be the Embryo Carrier's Husband (if married) and Embryo Carriers Children. D. Counseling 1. Genetic Parents are responsible for costs of psychological screening for Embryo Carrier. 2. Genetic Parents are responsible for cost of counseling for Embryo Carrier at a monthly rate of $________. 3. Genetic Parents are responsible for up to 5 counseling sessions for Embryo Carrier with the Responsible Counselor after the birth, if needed. E. Medical Payments 1. Genetic Parents are responsible for the reasonable costs of medical screening for Embryo Carrier, Embryo Carrier's Husband (if married), Genetic Mother and Genetic Father. 2. Genetic Parents are responsible for all medical costs related to conception, pregnancy and birth not covered by medical insurance. 3 Embryo Carrier's medical insurance policy will be the primary insurance coverage for medical costs related to Pregnancy and birth. 4. If a medical specialist for high-risk pregnancy is recommended by the Responsible Physician and not covered by insurance, Genetic Parents will be responsible for all related costs. F. Attorney's Fees. Genetic Parents are responsible for Embryo Carrier's attorney fees to review contract as well as those related to adoption procedures and birth certificate application, court costs and filing - if needed. G. Other Payments 1. Reimbursement for child care expenses related to Embryo Carrier's travels doctor visits and counseling sessions or group sessions, $________/hr or $________/day or overnight care. 2. Reimbursement for gas and travel expenses at $ .40 per mile for car, airline tickets, and hotel in connection with doctor or counseling visits. 3. Household helper: Genetic Parents will provide $100 per week (paid monthly) in advance in the case of multiple pregnancy or high-risk pregnancy in which the Responsible Physician requires Embryo Carrier to be on bed rest or drastically reduce her activity. 4. Maternity clothes: $750 paid by Genetic Parents. 5. Stillborn Genetic Parents will be responsible for any funeral or cremation expenses. 6. Genetic Parents are not responsible for any charges or costs unless provided for in this agreement. XVI. Other Issues A. Publicity/Confidentiality. 1. Embryo Carrier will not disclose information about Genetic Parents or about the arrangement to the media unless Genetic Parents approve the disclosure. 2. Genetic Parents will not disclose information about Embryo Carrier or about this arrangement to the media unless Embryo Carrier approves the disclosure. B. Death of Genetic Mother or Genetic Father Preceeds Birth of Child (ren). 1. If Genetic Father should die before child is born, the child shall be placed with Genetic Mother as the mother, and all terms of this Agreement continue. 2. If Genetic Mother should die before child is born, the child shall be placed with Genetic Father as the father, and all terms of this Agreement continue. 3. If both Genetic Mother and Genetic Father should die before child is born, they have chosen ________________________________ to be the child's guardian and take custody at birth. 4. In the event of death of both Genetic Mother and Genetic Father, _____________________________________________________ will be responsible for all expenses related to the surrogacy. XVII. Arbitration Any and all disputes relating to this Agreement or breach thereof shall be settled by arbitration in _____________________ ______________________, in accordance with then current rules of the American Arbitration Association, and judgment upon the award entered by the arbitrators may be entered in any Court having jurisdiction hereto. Costs of arbitration, including reasonable attorney's fees to the prevailing party by the party designated by the Arbitrator or Court. Should one party either dismiss or abandon the claim or counterclaim before hearing thereon, the other Party shall be deemed the "Prevailing Party" pursuant to this Agreement. Should both parties receive judgment or award on their respective claims, the party in whose favor the larger judgment or award is rendered shall be deemed the "Prevailing Party" pursuant to this Agreement. XVIII. Signatures Successors & Assigns This agreement shall inure to the benefit of and be binding on the parties, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement on the date below. Dated this _________ day of _________, at __________,_______________. ________________________________________, Embryo Carrier ________________________________________, Genetic Father ________________________________________, Genetic Mother
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