IX. GENDER OF THE CHILD / CHILDREN
The Couple of the Intended Parents agree that they will accept sole care and custody of the Child / Children, who arrive in the result of this Surrogate Agreement, irrespectively of the gender of the mentioned Child / Children.
X. CONDITIONS OF PERFORMANCE; TERMINATION
The Participants’ Performance of this Surrogacy Agreement is conditioned upon the following:
A. the review of the Participants and their approval to their satisfaction of the medical as well as psychological evaluation results and the Participants’ judgment, in their absolute and sole discretion, that there does not exist any physical or mental health issue, which may become the reason of the termination of this Surrogacy Agreement. This condition may be waived or deemed satisfied by its Participants unless seven (7) days before the Artificial Insemination procedure is conducted the objecting Participant gives to the other Participant its written notice of any objection.
B. In case if the contemplated pregnancy does not occur within some reasonable period of time, then this Surrogacy Agreement may be terminated by any its Participant on condition that it gives notice to other Participants.
XI. INTEGRATED CONTRACT
This Surrogacy Agreement sets forth the entire Agreement between the participants considering the subject matter, all agreements, representations, covenants as well as warranties, which are expressed or implied either orally or in written between the Participants:
1. No other agreement, representations, covenants, as well as no warranties, expressed or implied either orally or in written, have been made by any Participants to the other one with respect to the subject matter of this Surrogacy Agreement.
2. Any prior or contemporaneous conversation, negotiation, alleged agreement, representation, covenant or warranty, considering the subject matter, which is contained in this Surrogacy Agreement, is hereby waived and superseded by the written terms of this Surrogacy Agreement.
3. This Surrogacy Agreement is considered to be an integrated agreement, and it contains all terms and conditions as well as all duties or performance agreed to between the Participants of this Surrogacy Agreement.
4. This Surrogacy Agreement may either be amended or modified only with the written agreement, which is signed by all Participants of this Surrogacy Agreement.
5. The Participants agree and stipulate that the declaration and conception of paternity and arrival of any Child / Children born pursuant to this Surrogacy Agreement, shall occur in the State of ___. The Participants realize and agree that for the purpose of the issuance of the Child’s / Children’s birth certificate and any and all relevant finalization of parental rights, which can be possibly facilitated in the State of ___, that all rules as well as regulations of the State of ___ shall apply. The Participants agree and stipulate that for the purposes of the arrival of the Child / Children, which are mentioned above, and for the finalization of parental rights, that ___ law shall govern any possible conflict, interpretation and / or application of this Surrogacy Agreement. For all above mentioned purposes, the Participants agree that the subject matter and personal jurisdiction shall be vested in the courts of ___ and venue shall be in a court of competent and appropriate jurisdiction within the State of ___. In addition the Participants are to understand and agree to facilitate any necessary paperwork with the aim of completing a Stepparent Adoption in the State of ___ in case that the name of the Intended Mother can not be placed on the birth certificate before the Child’s / Children’s arrival in the State of ___. The Participants agree and stipulate that this Surrogacy Contract was drafted in the State of ___, the Participants have availed themselves of professionals in the State of ___ and in the State of ___, and as such, it is considered to be the express intent of the Participants as well as material term of this Surrogacy Agreement, which in case of a breach of the Surrogacy Contract or in case of any dispute, which is neither related to the arrival of the Child / Children nor ot the finalization of parental rights in the State of ___, this Surrogacy Agreement shall be governed by as well as construed and enforced with, the laws of the State ___. Then the Participants agree and stipulate that for the purposes of a breach or contract or of a contract dispute, which are mentioned above, the ___ law shall govern any conflict, interpretation as well as application of this Surrogacy Agreement. For the above mentioned purposes the Participants agree that the subject matter as well as personal jurisdiction shall be vested in the courts of the State of ___. In case of a direct conflict of law, which would affect the finalization of parental rights in the State of ___, the Participants agree and stipulate to jurisdiction and venue in the State of ___.
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