XV. DEATH OF THE INTENDED PARENTS
1. The Death of the Intended Father any time before the Child / Children, who was / were conceived in the result of this Surrogacy Agreement, arrives / arrive and / or any adoption, in case if it is required by the local law, shall neither change any terms of the Surrogacy Agreement, nor shall it reduce the right of the Intended Mother to adopt the Child / Children, in case if adoption is required by the local law. Moreover, it will not change the Intended Mother’s custodial rights, as well as her responsibilities regarding the Child / Children.
2. The Death of the Intended Mother any time before the Child / Children, who was / were conceived in the result of this Surrogacy Agreement, arrives / arrive and / or any adoption, in case if it is required by the local law, shall neither change any terms of the Surrogacy Agreement, nor shall it reduce the right of the Intended Father to adopt the Child / Children, in case if adoption is required by the local law. Moreover, it will not change the Intended Father’s custodial rights, as well as her responsibilities regarding the Child / Children.
3. Before the Insemination occurs, the Intended Father is to make guardianship provisions for the Child / Children contemplated by this Surrogacy Agreement by either by amending their existing Wills or by the executions of these Wills containing such provisions in case if they have no existing Wills. In case if The Couple of the Intended Parents predeceases the arrival of the Child / Children, the terms as well as conditions of this Surrogacy Agreement remain in their full force and effect, and the Child / Children shall be delivered into the sole custody and care of the guardian, mentioned in the Wills of the Intended Parents. By this Surrogacy Agreement the Couple of the Intended Parents designates ___ as the guardian of the Child / children.
4. In case of the death of either the Intended Mother or the Intended Mother, the Child / Children is / are to be placed into the custody of the Survivor, if there is any. The Surrogate Mother and her Husband, if there is any, as well as the Survivor hereby are to agree to perform all remaining terms and conditions of this Surrogacy Agreement.
5. Any Child / Children, conceived in the result of this Surrogacy Agreement, shall have all inheritance as well as testamentary rights from the Couple of the Intended Parents as a natural Child / Children of them, and shall have neither any inheritance nor testamentary rights from the Surrogate Mother as well as from her Husband, in case if there is any. The Couple of Intended Parents shall have all inheritance and testamentary rights from the Child / Children as his (her) / their natural parents.
XVI. TRUST ACCOUNT
The Participants of this Surrogacy Agreement consider the trust account as something, which is not required. However, it is possible to have the trust account set up by mutual agreement in the event that both participants deem this pertinent.
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