XII. PARTIAL INVALIDITY; CONSTRUCTION
In case if any provision of this Surrogacy Agreement, no matter whether it is sentences or even whole paragraphs, is deemed either aw invalid or unenforceable by a Court of competent jurisdiction, the abovementioned invalidity sill not influence any other provisions or applications of this Surrogacy Agreement’s remainder, which can be given effect with neither the invalid provision nor application, and to this end the provisions are severable. In case if any provision like that is deemed invalid because of its scope or breadth, it is to be deemed valid to the extent of the scope or breath, which is permitted by law.
The Participants are to agree that any provision here is to be construed as covenant and agreement as though the words importing this kind of covenant and agreement were used in every separate paragraph hereof. This Surrogacy Agreement is not to be construed either for or against the Surrogate Mother and / or her Husband, if there is any or The Couple of the Intended Parents on the bases of which Participant physically served as the scrivener of this Surrogacy Agreement.
XIII. POST DELIVERY CONTACT BY SURROGATE
The Post Delivery Contact is to be signed after the Child’s / Children’s arrival and only at the discretion of all Participants.
In accordance with the Post Delivery Contract, The Couple of the Intended Parents takes complete custody of, as well as thorough parental responsibility for, any Child / Children delivered pursuant to the terms of this Surrogacy Agreement right after the Child's / Children’s arrival, regardless of whether the Child / Children has / have any kind physical or mental disease or defect, except as previously stated above.
Such actions as facilitating procedural aspects any court order, birth certificate and / or other type of documentation, which may possibly be requested by the Couple of the Intended Parents, obtaining, are considered to be the responsibility of every Participant of this Surrogacy Agreement, as well as their attorneys. It is also necessary to agree that The Couple of the Intended Parents has the right to select the name for any Child / Children, and that any birth certificate, issued through the medical facility in the which the Child / Children is / are delivered, shall reflect the name, which was chosen by The Couple of the Intended Parents.
XIV. RIGHT OF PRIVACY
In case if the law required adoption, then Participants are to agree that as soon as the adoption procedure of the Child / Children, who was / were conceived in the result of this Surrogacy Agreement, the adoption file, pertaining to the above mentioned Child / Children is close except as it is otherwise provided by Law.
The Participants do acknowledge that in order to effectuate the terms of this Surrogacy Agreement in a proper way, the Participants are to disclose any information of a personal as well as of a confidential nature to each other. Moreover, the Participants are to promise mutually that any of this information will be held in the utmost confidence and privacy. It is also to be discussed and further agreed between the Participants that the best interests of the Child / Children, who arrived in the result of this Surrogacy Agreement is best served by strict protection of each other’s right to privacy.
The Participants are also to agree that any kind of information will neither be provided nor allowed to be provided to the news media, public of any other individual, regarding their involvement in traditional surrogacy, the involvement of any other Participant in traditional surrogacy or the identity of any Participant hereto, without the written permission and consent of the Participants; provided, that in case if at a point in time more than five (5) years after the date of this Surrogacy Agreement was executed, any Participant is unable through any reasonably diligent effort to have a contact with another Participant, then the information, though other than the identity of this other unreachable Participant may possibly be communicated without having the written consent. However, the Participants are to understand that the above described confidentiality does not contemplate speaking with relatives, friends, etc. about their own taking part in this Traditional Surrogacy Arrangement in any way. Any of conversations of this kind is not considered as forbidden, and it does not constitute any kind of breach of confidentiality, provided that neither the identity of, nor any other specific information about, the other Participant gets disclosed.
with the aim or the herein contemplated confidentiality maintaining as well as in case if the litigation arises out of this Surrogacy Contract, the Participants to this Surrogacy Agreement, along with their legal counsel, their heirs, assigns and representatives are to agree to make all possible reasonable efforts to reach the respect and maintenance such confidentiality along with the right of privacy of all Participants, as is intended by this Surrogacy Agreement, both as to the general public as well as to each other. The abovementioned possible reasonable efforts may include, however, not be limited to the following ones:
1. requesting that court records be sealed;
2. requesting the court to impost gag orders;
3. requesting that the court, in all its procedures as well as in the conduct of its hearing in the matter of this Surrogacy Agreement, refrain form releasing the identity of the Participants to either the public or to the news media. The Participants of this Surrogacy Contract hereby consent to the possible reasonable efforts, and procedures, described above in case that any such request is submitted by the other Participant.
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