III. REPRESENTATIONS
A. Taking into consideration mutual promises, contained in the Surrogacy Agreement as well as the intention to be legally bound hereby, the Surrogacy Agreement Participants agree that:
1. The Surrogate Mother represents that she is able to bear, as well as deliver healthy and normal children;
2. The Couple of the Intended Parents enter into this Surrogacy Agreement with the Surrogate Mother in reply upon this representation, whereby the Surrogate Mother will be inseminated in the artificial way with the sperm of either the Intended Father or with the Donor’s sperm;
3. The “Child” / “Children” means every child, who is delivered by the Surrogate Mother in the result of this Traditional Surrogacy Contract;
4. The Surrogate Mother and her husband, if there is any, agree to have cooperation in every aspect with the Couple of the Intended Parents to undergo the artificial insemination procedure for the Intended Father and to cooperate further in all legal actions to establish the Intended Father as the Child’s / Children’s biological parent, including the amendment of the Child’s / Children’s birth certificate, as it is needed;
5. the arrival of the Child / Children will take place in the ___ (country / State);
6. It is possible that either the Surrogate Mother or the Couple of the Intended Parents may withdraw their consent to this Surrogacy Agreement and they may terminate this Surrogacy Agreement with written notice, which would be given to the other participant anytime before the conception takes place.
B. It is considered as possible that the Couple of the Intended Parents may rise, via any appropriate procedure in any Court of competent jurisdiction the issue of legal determination of paternity whether by H.
B. Testing or by any other legal test, which is commonly applied with the aim of paternity determination.
The exclusion of the Intended Father as a parent by the paternity test can constitute an incurable material breach on the part of the Surrogate Mother and her Husband, if there is any, except the event, that an act of the treating doctor was the causative factor, which resulted in the Intended Father’s exclusion as the parent of any Child, delivered in the result of this Surrogacy Agreement. Absent this kind of fact by the treating physician, the Couple of the Intended Parents will have no obligations whatsoever with respect to the Child / Children.
C. the Surrogate Mother agrees to submit to continuing psychological counseling, in case if the Couple of the Intended Parents considers it necessary. The above mentioned counseling is to end three (3) months after the Child / Children arrive. In addition, the Couple of the Intended Parents may also undergo psychological counseling as well as they may be provided with psychological support, if they would choose to. However, in this case:
1. The Couple of the Intended Parents shall pay for all costs, which are associated with psychological review, evaluation, as well as individual counseling sessions;
2. The Surrogate Mother and her Husband, if there is any, are to represent that she / they have either already signed or will sign a comprehensive psychotherapist release, which will let their Psychotherapist or their Psychologist disclose to the Couple of the Intended Parents all communications, either verbal or non – verbal, which were made by the Surrogate Mother and her Husband, if there is any, before the Artificial Insemination procedure is conducted, including any perceptions, opinions and / or conclusions, which are formed by the Psychotherapist, and which reasonably relate to the suitability of the Surrogate Mother and her Husband, if there is any, for performance pursuant to the terms of this Surrogacy Agreement. This release will also let the Psychotherapist disclose to the Couple of the Intended Parents all communications after the Artificial Insemination procedure is conducted, verbal as well as non – verbal, which were made by the Surrogate Mother and her Husband, if there is any, including any perceptions, opinions and / or conclusions, formed by the Psychotherapist which would have any reasonable relation to the continued suitability of Surrogate Mother and / or her Husband, if there is any, for performance pursuant to the terms of this Surrogacy Agreement.
3. The Couple of the Intended Parents is to represent that they have already signed or will sign a comprehensive psychotherapist release, which let their Psychotherapist disclose to the Surrogate Mother and her Husband, if there is any, all communications, either verbal or non – verbal, which were made by the Couple of the Intended Parents, before the Artificial Insemination procedure is conducted, including any perceptions, opinions and / or conclusions, which are formed by the Psychotherapist, and which reasonably relate to the suitability of the Couple of the Intended Parents for performance pursuant to the terms of this Surrogacy Agreement. This release will also let the Psychotherapist disclose to the Surrogate Mother and her Husband, if there is any, all communications after the Artificial Insemination procedure is conducted, verbal as well as non – verbal, which were made by the Couple of the Intended Parents, including any perceptions, opinions and / or conclusions, formed by the Psychotherapist which would have any reasonable relation to the continued suitability of the Couple of the Intended Parents for performance pursuant to the terms of this Surrogacy Agreement.
However, any medial as well as psychological information, regarding the Surrogate Mother and her Husband, if there is any and the Couple of the Intended Parents is to remain confidential according to this Surrogacy Agreement. The Traditional Surrogacy Agreement Participants agree that after the Child / Children is / are delivered, an access to the information may be permitted by a court, in case of necessity and for the best interests to the Child / Children.
D. Before the Artificial Insemination procedure is conducted, the Participants of this Surrogacy Agreement are to undergo a thorough physical examination in order to determine if the physical health and well – being of all Participants of this Surrogacy Agreement is protected to the satisfaction of the Participants. Testing for all types of venereal disease, including HIV and AIDS, which is conducted with the aim of protection the Surrogate Mother and the Child / Children, is also included in the physical examination. The Surrogate Mother, her Husband, if there is any, as well as the Couple of the Intended Parents are to agree to undergo any medical testing, which the physician considers as necessary while this Surrogacy Agreement is in force.
E. Before the Artificial Insemination procedure is conducted, the Participants of this Surrogacy Agreement are to undergo a psychological evaluation in order to determine if they are psychologically ready and capable to fulfill this Surrogacy Agreement.
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