|
| SECTION V: Custody | The genetic father and intended mother are to agree to accept custody of any and all child / children, which arrive in the result of this surrogacy agreement, irrespectively of their gender, number, health condition, physical condition, and psychological condition, premature or full term.
The surrogate mother and her husband or boyfriend, in case if there is any are to agree to relinquish all possible claims to parental rights as well as custody of the child / children, who arrived in the result of this surrogacy agreement right after the birth of the above mentioned child / children and to enter into any Consent Entry or Judgment with respect to paternity, custody and / or step – parent adoption of the above mentioned child / children.
The surrogate mother and her husband or boyfriend, if there is any, are to agree that the genetic father and intended mother will be free in selecting the name / names of the child / children, and that any birth certificate / certificates, issued through the medical institution in which the child / children arrived shall reflect the name / names, which the genetic father and the intended mother choose.
The surrogate mother and her husband or boyfriend, if there is any, are to agree not to make any attempts to establish a contact or maintain communications with the child / children, who arrived in the result of this surrogacy agreement, or with any member of the stated participants’ families, subsequent to the arrival of the child / children without receiving the written approval from the genetic father and / or the intended mother before. Then the surrogate mother and her husband / boyfriend, if there is any, are to agree that they will neither intervene nor interfere with the upbringing of the child / children.
In case if the custody of the child / children becomes awarded to the surrogate mother or to any of her family members, or to any individual or organization, which has no relation to the genetic father, either by any court decision or otherwise, the genetic father shall be indemnified by the surrogate mother for any and all money he is to pay for the child / children support or any medical procedure related expenses pursuant to any court order, and he will be entitled to reimbursement from the surrogate mother for all allowable reasonable as well as actual expenses paid by the couple, consisting of the genetic father and the intended mother to the surrogate pursuant to this surrogacy agreement or expended on behalf of the surrogate mother.
In case is the genetic father predeceases the arrival of the child / children or if he anticipates Consent Entry or Judgment with respect to paternity as well as custody of the child / children, the mentioned child / children will be placed in the custody of the intended mother with full intent to proceed with all legal avenues to make sure that the intended mother becomes the custodial parent of the child / children, who arrived in the result of this Surrogacy Agreement.
In case if the intended mother predeceases the arrival of the child / children or anticipates Consent Entry of Judgment with respect to paternity as well as custody of the child / children, the mentioned child / children will be placed in the custody of the genetic father.
In case if both the genetic father as well as the intended father either predecease or are incapacitated, the child / children, who arrived in the result of this Surrogacy Arrangement, will be placed in accordance to the provisions of the below written paragraph.
___of (city / town), (State) shall become the guardian of the child / children and shall take custody of the child / children, who arrived in the result of this Surrogacy Arrangement upon the birth of the child / children. In case if both the genetic father and the intended mother predecease the arrival of the child / children, the terms of this Surrogacy Agreement will be carried out to the fullest possible extend, and every participant of it will abide by the requests, which are set forth in the genetic father’s and the intended mother’s wills.
In case if the genetic father and the intended mother’s premature demise before the child’s children’s arrival and the completion of the contemplated legal procedures as herein set forth, ___ of (city / town), (State), will be responsible for any arrangement for the child / children. Furthermore, any child / children, who arrived in the result of this Surrogacy Agreement, shall have all testamentary and inheritance rights from the genetic father and the intended mother as a natural child / children, and there will be nether testamentary nore inheritance rights form the surrogate mother.
|
|
