I. PURPOSE AND RECITALS
The Couple of Intended Parents make a married couple, living together as husband and wife; both of them are over the age of twenty one years old. The Couple of Intended Parents wish to have a child / children, who is / are biologically related to one or to both of them and they have a wish to enter into the following Surrogacy Agreement with the purpose of possibly becoming parents by means of the Traditional Surrogacy contemplated in this Surrogacy Agreement. The Intended Mother has all the documents that she is not able to conceive or carry her pregnancy to term because of her health condition, as pregnancy is either not able to occur physically or it may be dangerous for the Intended Mother’s health and / or the health of any child, she may conceive.
The Surrogate Mother is not younger than 21 (twenty – one) years of age, she is a resident of the state of ___, she has carried to term and delivered successfully ___ child / children, and she is currently married and she also has a desire to enter into the given Traditional Surrogacy Agreement.
The wish of the Surrogate Mother to enter into the given Traditional Surrogacy Contract is considered to be a completely informed decision, which was made after the thorough careful and unemotional reflection of all possible aspects of this Surrogacy Agreement. Moreover, the Surrogate Mother’s decision was made voluntary and in the absence of either economic or emotional duress of any kind, and with the support and consent of her Husband.
The Surrogate Mother points out that she does not wish to have any parental relationship with any child, arrived in the result of this Surrogacy Agreement. It is the Surrogate Mother’s further consideration that the child / children, conceived in the result of this Surrogacy Agreement is / are morally, as well as contractually the Child / Children of the Couple of the Intended Parents, and that in the best interests of the Child / Children that above mentioned Child / Children will be raised by the Couple of the Intended Parents without any kind of interference either by her, the Surrogate Mother or by her husband, the Surrogate Mother’s Husband. In addition, the Child / Children will be raised without any kind of retention or assertion either by her, the Surrogate Mother’s or by her husband, the Surrogate Mother’s Husband’s parental rights.
After that the Surrogate Couple is to represent that they are going to assist in the natural parent – child relationship in order to help the Couple of Intended Parents to form and / or continue their parent – child relationship with the Child / Children legalizing freely and readily, and within the reasonable period of time, and only in case of necessity to effectuate the intention of the Surrogacy Agreement Participants. As the Child / Children arrives / arrive, the Surrogate Couple relinquishes any physical possession of the Child / Children to the Couple of the Intended Parents, as this is done in the best interest of the Child / Children.
When entering into this Surrogacy Agreement with the intention to be fully bound by it’s terms, each Participant realizes that this Surrogacy Agreement either in whole or in part, may be declared void as against public policy by the ___ courts and / or legislature, as well as it may be held unenforceable, either in whole or in part, by a court of law.
The Participants of this Surrogacy Agreement enter into it voluntarily, expecting to get bound by each of the terms as well as conditions, which are described below, notwithstanding any subsequently approved or enacted legislation to the contrary.
The aim of this Surrogacy Agreement is to enable the Couple of the Intended Parents to have a Child / Children through the application of the cervices of the Surrogate Mother. However, there is no intention in this Surrogacy Agreement to become an Agreement for the purchase of a Child / Children.
II. DISCLAIMERS
Because Surrogate Parenting is considered to be a new area of the law, all Surrogacy Agreement Participants realize that no warranties are possible to be made, as to the ultimate results, liabilities, costs, as well as obligations of the Surrogate Agreement Participants in relation to each other, which may possibly result from any judicial process arising and resulting from the actions and / or conduct of the Surrogacy Agreement Participants to this Surrogacy Agreement.
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