|
| SECTION VI: Birth, Abortion | Selective Termination and Death of the Fetus / Fetuses
Birth
The Surrogate Mother shall give birth at ___ Hospital in (city / town), (State).
Abortion
The Surrogacy Agreement Participants recognize that the Surrogate Mother has the constitutional right to make an abortion. Therefore, the Participants intend to conform, to the best of their ability, to the following terms of this Surrogacy Agreement.
Should the abortion take place, then it is to occur before the twentieth week of the pregnancy term, unless the independent physician along with either physician or obstetrician of the surrogate mother state that abortion is necessary procedure to be conducted in order to avoid serious risk of harm and / or death of the surrogate mother.
The surrogate mother waives all her rights she has to make an abortion, except for the medical reasons, which are verified by an independent physician, and either physician or obstetrician of the surrogate mother. In case if the fetus / fetuses has / have been determined by either an independent physician or by the physician of the surrogate mother and / or the physician of the genetic father and the intended mother to be either physically or psychologically abnormal, the decision about whether the surrogate mother should do abortion or not becomes the sole decision of the genetic father and the intended mother.
The surrogate mother is to agree to accept a clinical abortion under the circumstances, which are stated in the previous paragraphs. Therefore, in case if the surrogate mother refuses to make a clinical abortion, she is to agree to the termination of all expenses under Section IX of this Surrogacy Agreement. Moreover, the genetic father and the intended mother will not be responsible for any medical expenses incurred by the surrogate mother because of any unforeseen complications, which would have been avoided had a clinical abortion taken place. In addition, in case if the surrogate mother refuses to go on with a clinical abortion, all further performance, required by the genetic father and the intended mother under the terms of this Surrogacy Agreement get excused.
The genetic father and the intended mother are to agree that in case of any medical emergency, which will influence the child / children, where either the genetic father or the intended mother will not be able to be contacted, the decision with respect to the course of action to be taken will be left to the treating physicians and / or to the obstetrician, without the liability to the surrogate mother. All medical costs and expenses, which are not covered by the health insurance of the surrogate mother, are to be paid by the couple of intended parents, consisting of the genetic father and the intended mother. However, all reasonable efforts are to be made to contact the genetic father and the intended mother before the termination of pregnancy.
The surrogate mother is to agree not to make an abortion upon her own discretion or against the medical advice of a medical professional. In case if the surrogate mother wants to make an abortion without receiving the consent of the genetic father and the intended mother, or without having an advice of a medical professional, she is to agree to reimburse the genetic father and the intended mother the sum of money, which will equate to all expenses, which have been paid by the genetic father and the intended mother by that time. All legal and medical expenses with respect to this surrogacy agreement are also included.
In case if the surrogate mother is to conduct a clinical abortion with the medical consent and with the consent of the participants of this surrogacy agreement, she will be entitled to the amount of expenses accrued in correspondence with the length of the pregnancy.
Selective Termination
In case if the embryo transfer procedure results in the transferring of three or more fetuses, the participants of this surrogacy agreement may agree to conduct the fetal reduction procedure with the aim of reducing the number of fetuses.
The surrogate mother is to agree that she will not undergo any fetal reduction without having the written consent of the genetic father and the intended mother, except if this procedure is necessary to be conducted with the aim of preventing serious physical harm to the surrogate mother. The consent of all participants of this surrogacy agreement is not to be unreasonably withheld.
All participants of this surrogacy agreement should understand that in light of this applicable controlling law regarding every woman’s rights to make a clinical abortion, the Court may determine that any promise that purports to limit that right may be unenforceable.
Death of the Fetus / Fetuses
All participants of this surrogacy agreement are to agree that in case if the fetus / fetuses die before the 24th week of pregnancy, this Agreement will be terminated without any further obligations and / or duties of performance by any of the participants, except as it is provided for by way of terms of actual incurred expenses. The genetic father and the intended mother are to agree to stay liable for all medical costs, incurred to the date of this death pursuant to the terms of Section XI, and they are to hold the surrogate mother harmless form liability for the above mentioned death, unless the death of the fetus / fetuses occurred because of the surrogate mother’s own recklessness, failure to comply with the terms of this surrogacy agreement, failure to follow any prescribed medical regimens, or other intended harm to the fetus / fetuses.
In case of the death of the fetus / fetuses before the 24th week of pregnancy, the genetic father and the intended mother are to go on with paying the expenses pursuant to the terms of this surrogacy agreement for a term of six weeks recovery period, and to they are to agree to hold the surrogate mother harmless form any liability for the above mentioned death, if it will be proved that the death of the fetus / fetuses is not cause by the surrogate mother’s own recklessness, failure, failure to comply with the terms of this surrogacy agreement, failure to follow any prescribed medical regimens, or other intended harm to the fetus / fetuses.
|
|
