Surrogacy agreement

About this document

This one undoubtedly is one of the most comprehensive compilations of the terms governing an arrangement of surrogacy i.e. engaging a woman as a surrogate mother for the purpose of parenting a child through artificial insemination. This document template comes handy to define the relationship, terms, conditions and objects for satisfying the purpose and reasons, for the parties concerned.

The intention and purpose of the document is more relevant than anything else and it suits transactions made in jurisdictions outside India without much alterations;

Who will use this document?

• Any married couple desiring to enter into an arrangement with a woman as a Surrogate for the purpose of parenting a child or children by means of medically proven method of artificial insemination;
• A woman - surrogate capable of providing such and similar services to intending parents for a defined compensation/fee.

Application and features

• Suitable for foreign/domestic arrangements;
• Ready for adaptation to particular needs of either or both parties;
• Comprehensive provisions provide ideas;
• Simple English, plain language, no complexities;
• Compliance with the guidelines of American Society for Reproductive Medicine.

Contents

• Confidentiality;
• Surrogate’s conduct;
• Surrogate’s charges and payment terms;
• Duration and termination;
• representation and warranties;
• Medical risks and indemnities;
• Medical evaluations and screenings;
• Abortion/termination of pregnancy;
• Confirmation of genetic parentage;
• Custody and parental rights;
• Breach of agreement;
• Abnormal child / gender of child;
• Stillbirth and miscarriage;
• Dispute resolutions;
• Amendments;
• Governing law;
• Status of parties;
• Appropriate legal provisions - warranties, exclusions, indemnities, etc.
• Miscellaneous provisions and restrictive covenants.