The genetic father and intended mother represent that they are a married couple, each over the age of eighteen years, who has a desire to enter into this surrogacy agreement.  The genetic father further represents that, to the best of his knowledge, he is capable of producing semen of sufficient nature for in vitro fertilization and subsequent embryo transfer into the surrogate mother.

The surrogate mother represents that she is married at this time, and desires, along with her husband, boyfriend, if there is any, to enter into this surrogacy agreement.

The surrogate mother represents that she is over the age of eighteen years, and that she has a desire to enter into this surrogacy agreement for the reasons stated above, and not for herself or her husband / boyfriend, if here is any, to become the parent of any Child / children conceived by genetic father and a designated egg donor (not a party to this surrogacy agreement).  The surrogate mother further represents that she has made an informed decision to enter into this surrogacy agreement.  The above mentioned decision has been made after careful consideration and counseling with respect to all aspects of each issue involved in this surrogacy agreement.  The surrogate mother further represents that she enters into this surrogacy agreement voluntarily, and in the absence of economic or emotional duress of any kind, and that she enters into this surrogacy agreement of her own free will.

The surrogate mother further believes that she is able to of conceive and carry normal healthy child / children to term, but agrees that neither she nor her husband / boyfriend, if there is any, is desirous of forming and  will not form or attempt to form a parent-child relationship with any child / children, arriving in the result of this surrogacy agreement. In addition the surrogate mother and her husband / boyfriend, if there is any, are to confirm that they shall freely and readily, in conformance with applicable statutory regulations, terminate all parental rights to said child / children pursuant to this surrogacy agreement.

The aim of this surrogacy agreement for the surrogate mother is to carry and deliver the biological child / children of the genetic father. This aim will be accomplished with the help of some certain medical procedures, using assisted reproductive technologies. These procedures include the retrieval of an egg / eggs from a designated egg donor, who is not a part of this surrogacy agreement, in vitro fertilization of the egg / eggs with the genetic father’s sperm and then implantation of the embryo / embryos into the surrogate mother’s uterus.

Soon after the baby’s / babies’ arrival the surrogate mother and her husband / boyfriend, if there is any, are to relinquish the child / children to the genetic father and intended mother, and after that the genetic father and intended mother will assume all parental rights as well as responsibilities for the child / children, who arrived in the result of this surrogacy agreement. The genetic father acknowledges paternity of the child / children to be conceived and he agrees to have his name listed in the child / children’s birth certificate / certificates. The surrogate mother will have to comply with all legal actions, which are necessary to have the intended mother’s name placed on the birth certificate / certificates.

All participants of this surrogacy agreement are to warrant that all kind of information provided to medical professionals with the purpose to the intent and aim of this surrogacy agreement is true and accurate to the best of their knowledge, and that there is no information omitted, falsified, embellished or altered for their own benefit or with the aim to mold compliance with any term of this surrogacy agreement.

Psychological Examination

The surrogate mother and her husband / boyfriend, if there is any, the genetic father and intended mother are to undergo psychological testing to the extent of their medical advisors determine such testing is necessary before the embryo transfer procedure and the implantation of the embryo / embryos into the surrogate mother’s uterus. Any medical and psychological information shared pursuant to this surrogacy agreement is to remain confidential and it is to be disclosed to only the participants of this surrogacy agreement. The participants are to realize that a court may permit to require access to this information after the arrival of the child / children, if it is ever necessary for the best interest of the child / children.

The surrogate mother and her husband / boyfriend, if there is any, waive their privacy rights to psychological information provided they are notified in advance as to what and when this kind of information is to be disseminated.

Physical Examinations

The surrogate mother and her husband / boyfriend, if there is any, are to have medical examinations, blood test as well as other tests, as it is determined by the genetic father and intended mother and their advisers. The surrogate mother and her husband / boyfriend, if there is any waive the privilege of confidentiality and permit the release of any reports or information obtained in the result of the conducted medical examinations to the genetic father and intended mother provided they are notified in advance as to what and when this kind of information is to be disseminated.

The genetic father and intended mother are to have full access to all the result of physical examination conducted in order to detect the presence of any disease, which may be indicated by the surrogate mother’s or her husband’s / boyfriend’s, if there is any personal and family history, including testing for sexually transmitted diseases as well as Rh factor compatibility.

Before the embryo transfer procedure, the surrogate mother, her husband / boyfriend, if there is any, and the genetic father are to undergo a physical examination under the direction of and in the sole discretion of a physician, designated by and acceptable to the participants in order to determine if the physical health of all the participants of this surrogacy agreement is protected. This examination is to consist of testing for venereal diseases, including HIV and AIDS, in order to provide the protection of the surrogate mother and child / children. The participants are also to agree to undergo any necessary medical testing, which a designated physician would consider necessary while this surrogacy agreement is in effect.

Sexual Intercourse by Surrogate

The surrogate mother agrees and promises that she will not have sexual intercourse with anyone from the first day of her menstrual cycle before the embryo transfer procedure until the date that pregnancy has been confirmed in writing or otherwise by the physician conducting the embryo transfer procedure.  The surrogate mother is also to agree that she will not engage in any activity in which there exists a possibility that semen could be introduced into her body, such that the possibility of a pregnancy, other than one contemplated by this surrogacy agreement, could occur.

The surrogate mother then agrees that she will not have unprotected intercourse with anyone other than her husband / boyfriend, if there is any, during the term of the pregnancy, and will use her best efforts to protect the fetus / fetuses from any and all communicable and venereal diseases.

The surrogate mother is to agree that she will comply to the best of her abilities with all medical instructions, which her physician and obstetrician and any other medical professionals involved with the objective and intent of this surrogacy agreement, provide.

The surrogate mother is also to agree to follow her prenatal examination schedule, which will be given to her by her independent obstetrician and physician. In addition, the surrogate is to adhere to and follow all requirements of her treating obstetrician and physician, like taking vitamins, keeping to some diet, if necessary, etc. The surrogate mother is to agree to submit to any kind of medical test and / or procedure, which will become necessary or advisable to undergo, including, however, not limited to, amniocentesis. The surrogate mother is to agree to submit to amniocentesis, if the genetic father and the intended mother ask her to do it.

The Surrogate mother is to agree not to take part in any dangerous kind of sport and / or in any hazardous activity, and to avoid being exposed to toxic chemicals, radiation and / or different communicable diseases.

The surrogate mother is to agree not to smoke cigarettes, drink alcoholic beverages or excessive caffeinated beverages, as well as use any illegal drugs, either prescription or non – prescription drugs without having the written consent of her physician and / or obstetrician.

The surrogate mother is to agree not to travel outside the country after the second trimester of her pregnancy. The only possible exception is an extreme illness or death in her family; however, even in this case she may go somewhere only upon the written consent of her physician and / or obstetrician.

The genetic father and intended mother are to agree to accept custody of any and all child / children, which arrive in the result of this surrogacy agreement, irrespectively of their gender, number, health condition, physical condition, and psychological condition, premature or full term.

The surrogate mother and her husband or boyfriend, in case if there is any are to agree to relinquish all possible claims to parental rights as well as custody of the child / children, who arrived in the result of this surrogacy agreement right after the birth of the above mentioned child / children and to enter into any Consent Entry or Judgment with respect to paternity, custody and / or step – parent adoption of the above mentioned child / children.

The surrogate mother and her husband or boyfriend, if there is any, are to agree that the genetic father and intended mother will be free in selecting the name / names of the child / children, and that any birth certificate / certificates, issued through the medical institution in which the child / children arrived shall reflect the name / names, which the genetic father and the intended mother choose.

The surrogate mother and her husband or boyfriend, if there is any, are to agree not to make any attempts to establish a contact or maintain communications with the child / children, who arrived in the result of this surrogacy agreement, or with any member of the stated participants’ families, subsequent to the arrival of the child / children without receiving the written approval from the genetic father and / or the intended mother before. Then the surrogate mother and her husband / boyfriend, if there is any, are to agree that they will neither intervene nor interfere with the upbringing of the child / children.

In case if the custody of the child / children becomes awarded to the surrogate mother or to any of her family members, or to any individual or organization, which has no relation to the genetic father, either by any court decision or otherwise, the genetic father shall be indemnified by the surrogate mother for any and all money he is to pay for the child / children support or any medical procedure related expenses pursuant to any court order, and he will be entitled to reimbursement from the surrogate mother for all allowable reasonable as well as actual expenses paid by the couple, consisting of the genetic father and the intended mother to the surrogate pursuant to this surrogacy agreement or expended on behalf of the surrogate mother.

In case is the genetic father predeceases the arrival of the child / children or if he anticipates Consent Entry or Judgment with respect to paternity as well as custody of the child / children, the mentioned child / children will be placed in the custody of the intended mother with full intent to proceed with all legal avenues to make sure that the intended mother becomes the custodial parent of the child / children, who arrived in the result of this Surrogacy Agreement.

In case if the intended mother predeceases the arrival of the child / children or anticipates Consent Entry of Judgment with respect to paternity as well as custody of the child / children, the mentioned child / children will be placed in the custody of the genetic father.

In case if both the genetic father as well as the intended father either  predecease or are incapacitated, the child / children, who arrived in the result of this Surrogacy Arrangement, will be placed in accordance to the provisions of the below written  paragraph.

___of (city / town), (State) shall become the guardian of the child / children and shall take custody of the child / children, who arrived in the result of this Surrogacy Arrangement upon the birth of the child / children. In case if both the genetic father and the intended mother predecease the arrival of the child / children, the terms of this Surrogacy Agreement will be carried out to the fullest possible extend, and every participant of it will abide by the requests, which are set forth in the genetic father’s and the intended mother’s wills.

In case if the genetic father and the intended mother’s premature demise before the child’s children’s arrival and the completion of the contemplated legal procedures as herein set forth, ___ of (city / town), (State), will be responsible for any arrangement for the child / children. Furthermore, any child / children, who arrived in the result of this Surrogacy Agreement, shall have all testamentary and inheritance rights from the genetic father and the intended mother as a natural child / children, and there will be nether testamentary nore inheritance rights form the surrogate mother.

Selective Termination and Death of the Fetus / Fetuses

Birth

The Surrogate Mother shall give birth at ___ Hospital in (city / town), (State).

Abortion

The Surrogacy Agreement Participants recognize that the Surrogate Mother has the constitutional right to make an abortion. Therefore, the Participants intend to conform, to the best of their ability, to the following terms of this Surrogacy Agreement.

Should the abortion take place, then it is to occur before the twentieth week of the pregnancy term, unless the independent physician along with either physician or obstetrician of the surrogate mother state that abortion is necessary procedure to be conducted in order to avoid serious risk of harm and / or death of the surrogate mother.

The surrogate mother waives all her rights she has to make an abortion, except for the medical reasons, which are verified by an independent physician, and either physician or obstetrician of the surrogate mother. In case if the fetus / fetuses has / have been determined by either an independent physician or by the physician of the surrogate mother and / or the physician of the genetic father and the intended mother to be either physically or psychologically abnormal, the decision about whether the surrogate mother should do abortion or not becomes the sole decision of the genetic father and the intended mother.

The surrogate mother is to agree to accept a clinical abortion under the circumstances, which are stated in the previous paragraphs. Therefore, in case if the surrogate mother refuses to make a clinical abortion, she is to agree to the termination of all expenses under Section IX of this Surrogacy Agreement. Moreover, the genetic father and the intended mother will not be responsible for any medical expenses incurred by the surrogate mother because of any unforeseen complications, which would have been avoided had a clinical abortion taken place. In addition, in case if the surrogate mother refuses to go on with a clinical abortion, all further performance, required by the genetic father and the intended mother under the terms of this Surrogacy Agreement get excused.

The genetic father and the intended mother are to agree that in case of any medical emergency, which will influence the child / children, where either the genetic father or the intended mother will not be able to be contacted, the decision with respect to the course of action to be taken will be left to the treating physicians and / or to the obstetrician, without the liability to the surrogate mother. All medical costs and expenses, which are not covered by the health insurance of the surrogate mother, are to be paid by the couple of intended parents, consisting of the genetic father and the intended mother. However, all reasonable efforts are to be made to contact the genetic father and the intended mother before the termination of pregnancy.

The surrogate mother is to agree not to make an abortion upon her own discretion or against the medical advice of a medical professional. In case if the surrogate mother wants to make an abortion without receiving the consent of the genetic father and the intended mother, or without having an advice of a medical professional, she is to agree to reimburse the genetic father and the intended mother the sum of money, which will equate to all expenses, which have been paid by the genetic father and the intended mother by that time. All legal and medical expenses with respect to this surrogacy agreement are also included.

In case if the surrogate mother is to conduct a clinical abortion with the medical consent and with the consent of the participants of this surrogacy agreement, she will be entitled to the amount of expenses accrued in correspondence with the length of the pregnancy.

Selective Termination

In case if the embryo transfer procedure results in the transferring of three or more fetuses, the participants of this surrogacy agreement may agree to conduct the fetal reduction procedure with the aim of reducing the number of fetuses.

The surrogate mother is to agree that she will not undergo any fetal reduction without having the written consent of the genetic father and the intended mother, except if this procedure is necessary to be conducted with the aim of preventing serious physical harm to the surrogate mother. The consent of all participants of this surrogacy agreement is not to be unreasonably withheld.

All participants of this surrogacy agreement should understand that in light of this applicable controlling law regarding every woman’s rights to make a clinical abortion, the Court may determine that any promise that purports to limit that right may be unenforceable.

Death of the Fetus / Fetuses.

All participants of this surrogacy agreement are to agree that in case if the fetus / fetuses die before the 24th week of pregnancy, this Agreement will be terminated without any further obligations and / or duties of performance by any of the participants, except as it is provided for by way of terms of actual incurred expenses. The genetic father and the intended mother are to agree to stay liable for all medical costs, incurred to the date of this death pursuant to the terms of Section XI, and they are to hold the surrogate mother harmless form liability for the above mentioned death, unless the death of the fetus / fetuses occurred because of the surrogate mother’s own recklessness, failure to comply with the terms of this surrogacy agreement, failure to follow any prescribed medical regimens, or other intended harm to the fetus / fetuses.

In case of the death of the fetus / fetuses before the 24th week of pregnancy, the genetic father and the intended mother are to go on with paying the expenses pursuant to the terms of this surrogacy agreement for a term of six weeks recovery period, and to they are to agree to hold the surrogate mother harmless form any liability for the above mentioned death, if it will be proved that the death of the fetus / fetuses is not cause by the surrogate mother’s own recklessness, failure, failure to comply with the terms of this surrogacy agreement, failure to follow any prescribed medical regimens, or other intended harm to the fetus / fetuses.

The surrogate mother and her husband or boyfriend, if there is any, are to understand and agree to assume all risks, which may possibly be involved in the anticipated medical procedures and they are to hold the genetic father and the intended mother and all other participants of this surrogacy contract harmless against all risks. The surrogate mother and her husband or boyfriend, if there is any, are to represent that they have had a consultation with a physician or surgeon of their own choice, and that they are aware of all possible medical risks, including, however not limited to, death, disability, the inability to have children in the future, discomfort, loss of wages, multiple birth, Cesarean Section operation and bed rest, which may result from the conduct contemplated by this surrogacy agreement.

The genetic father and the intended mother have received the consultation about all possible risks or abnormalities and / or birth defects of the child / children, who arrive in the result of this surrogacy agreement. Notwithstanding the language of Section VI, the genetic father and the intended mother are to agree to take the custody of, and to assume legal as well as parental responsibility for any child / children, right after the child’s / children’s arrival, regardless of whether the child / children suffer from any abnormality of defect. The surrogate mother and her husband or boyfriend, if there is any, are to be held harmless form delivering a child / children with abnormalities or defects as long as the surrogate mother has not breached the terms of this surrogacy agreement.

The genetic father and the intended mother are to select a physician / physicians in order to conduct examinations, both medical as well as psychological, to order and review medical and blood tests and to perform all necessary tests and other medical procedures.

The surrogate mother is to execute all necessary medical releases for the benefit of the genetic father and the intended mother.

The genetic father and the intended mother are to have complete access to all available medical records of the surrogate mother for information with respect to the intent and objective of this surrogacy agreement.

This surrogacy agreement provides for certain actual as well as reasonable expenses to be paid on behalf of the surrogate mother and the genetic father and the intended mother. These payments are not in any way to be construed as payments for the child / children. The actual and reasonable expenses are the following:

The Surrogate Mother’s Living and Medical Expenses is the Responsibility of the Genetic Father and the Intended Mother

1. The Living Expenses of the Surrogate Mother:

a. The genetic father and the intended mother are to pay for some certain Living Expenses of their surrogate mother from the time since the pregnancy has been confirmed with the positive result of pregnancy test, which is to be performed by a medical specialist and up to the arrival of the child / children for no more than four (4) weeks after the delivery. The examples lf these expenses may include, however, are not to be limited to housing, automobile, related insurance for housing and automobile, real taxes along with maternity clothing

i. The total Living Expenses under this surrogacy agreement are not to exceed ($___) or ($___) per any month for ten (10) months or for every month of the surrogate mother’s pregnancy term, whichever period is shorter (except if otherwise provided for in Section VI). These expenses become different in case of multiple birth. Therefore, monthly total Living Expenses are not to exceed the following

1. The Surrogate Mother’s Living for in the case of multiple births, the total Living Expenses under this Agreement shall not exceed ($___________) or ($_________) per any one month for ten (10) months or for each month the Surrogate remains pregnant, whichever period is shorter (except if otherwise provided for in Section VI).  Furthermore, monthly total Living Expenses shall not exceed the following:

(a) $___ per mile for any / all surrogacy mother’s related expenses;

(b) maternity clothing, life insurance as well as meals

The first payment is to take place during the five (5) days, which follow the confirmation of pregnancy with the help of a positive BETA test, which is performed by a doctor. All subsequent payments are to be on the monthly anniversary therefore, as long as the fetus / fetuses remain viable.

(ii) in case of a multiple birth, the total Living Expenses in (i) is not to exceed $___ or $___ per any one month for ten (10) months or for every month the Surrogate Mother is pregnant, whichever period is shorter (except if otherwise provided for in Section VI). In case of more than one multiple arrival, the total Living Expenses in (i) and (ii) will be increased in the aggregate up to any additional $___ per every multiple birth.

(iii) The surrogate mother is to be paid $___, per In Vitro Fertilization / embryo transfer attempt, including mock cycles, travel expenses and expenses per hour for child care, if there is any to be paid within five (5) days of the embryo transfer procedure.

(iv) in case if the surrogate mother’s husband or boyfriend, if there is any, looses his wages in the result of the In Vitro Fertilization procedure, the total Living Expenses in (i) and (ii) are to be increased and at a rate of $___ per day.

(v) in case if the treating physician and / or the obstetrician of the surrogate mother orders bed rest or any other contingencies for the surrogate mother, which are connected with her pregnancy and the arrival of the child / children, the total Living Expenses in (i) and (ii) above are to be increased in the aggregate up to an additional one hundred dollars per week of bed rest or other contingencies. These money are to be paid during every week of bed rest or other contingencies and they are not to be assessed more than four (4) weeks after the arrival of the child / children by vaginal delivery and not more than six (6) weeks after the cesarean section delivery

(vi)   in case if the surrogate mother is to undergo a cesarean        section delivery, the total Living Expenses in (i) and (ii) above are to be increased in the aggregate up to an additional $___.

(vii) In case if the surrogate mother has to undergo any kind of invasive procedure, including, however, not limited to, an amniocentesis, D&C, cerclage, or loss of any of her reproductive organs, the total Living Expenses in (i) and (ii) above are to be increased in additional $___ per an invasive procedure.

(viii) The surrogate mother will have to be reimbursed for all childcare expenses at a fate of $___ per every hour of medical appointment, related to the In Vitro Fertilization procedure and any resulting pregnancy. All payments are to be made with monthly payment.

2.  Surrogate Mother’s Medical Expenses.

(a)  All medical hospital, laboratory, therapy and pharmaceutical expenses, which take place during or in the result of any complication, arising from the embryo transfer procedure, and which are not payable under the surrogate mother’s health insurance policy, are to be paid by the genetic father and the intended mother. All the expenses are not to be assessed more than four (4) weeks after the arrival of the child / children by vaginal delivery and not more than six (6) weeks after the cesarean section delivery.

(b) All medical hospital, laboratory, therapy and pharmaceutical expenses, which are associated with any necessary testing conducted at the request of the treating physician or the obstetrician / gynecologist of the surrogate mother, and which are not payable under the surrogate mother’s health insurance policy, are to be paid by the genetic father and the intended mother. The above mentioned expenses are not to be assessed more than four (4) weeks after the arrival of the child / children by vaginal delivery and not more than six (6) weeks after the cesarean section delivery.

(c) The costs and fees of the medical service providers for paternity testing pursuant to above referenced language in this surrogacy agreement are to be paid by the genetic father and the intended mother.

All of the surrogate mother’s Living Expenses as well as all of the surrogate mother’s Medical Expenses are to be paid by the genetic father and the intended mother, in addition, they are to be supported by a receipt. The surrogacy agreement’s participants are to agree, that this surrogacy agreement takes into consideration all time to be spent, pain, suffering, as well as personal discomfort and all other personal inconveniences and the costs are to be incurred by the surrogate mother in performance of all the terms and obligations set forth in this surrogacy agreement.

Health

By the time the surrogate mother executes this surrogacy agreement, she is to represent that she has in force a valid health insurance policy. The policy is expected to pay quite a significant part of all medical bills, relating to pregnancy, along with all possible pregnancy – related complications, labour and delivery, and hospitalization, except the In Vitro Fertilization procedure.

The surrogate mother is to provide the genetic father and the intended mother written documents, where which prove that her health insurance policy is in force and effect. In addition, the surrogate mother is to agree to notify the genetic father and the intended mother of any change in her health insurance status in sufficient time to make any possible alternative arrangements.

The surrogate mother is to submit all her medical bills related to any resulting pregnancy to her insurance company, as well as to provide all copies of her rejected claims to the genetic father and the intended mother and contest rejections, it warranted.

The genetic father and the intended mother are considered to be responsible for all medical expenses, related to the procedure of embryo transfer and / or to pregnancy, in case if they are not insured, of their surrogate mother, having followed all agreements, which are mentioned in the forgoing paragraphs of this Section.

The surrogate mother is to agree to submit a copy of her existing medical insurance policy to the genetic father and the intended mother before any tests as well as before incurring any expenses or payment of funds pursuant to this surrogacy agreement, or before any attempted compliance with the intent and / or objective of this surrogacy agreement.

The surrogate mother is to represent that she does have medical coverage, in which the complete pregnancy care and delivery as well as provisions for payment of a Cesarean Section delivery, in case if it is required, included. There is not warranty that the medical insurance of the surrogate mother will pay all or at least any costs, associated with her pregnancy contemplated by this surrogacy agreement; that is why the genetic father and the intended mother are to agree to make all payments in case if the surrogate mother’s medical insurance does not pay all or any of her medical expenses, unless non – payment occurs in the result of the surrogate mother’s negligence, for example the failure to submit expenses to the insurance company for the reimbursement procedure, etc.

Should the surrogate mother because of any unforeseeable circumstances, risk to lose her medical insurance, she is to notify the genetic father and the intended mother right away so that provisions can be made to address the options of converting the policy to COBRA coverage, so that the surrogate mother will not have to suffer from the loss of her medical coverage. Should the surrogate mother have to convert her policy, the genetic father and the intended mother are the very people, who will have to pay all the cost of the mentioned policy.

It should, however, be noted, that none of the foregoing paragraphs apply to either an abortion, conducted in violation of this surrogacy agreement, or a miscarriage, which occurs in the result of the surrogate mother’s negligence or breach of this surrogacy agreement.

Life

The genetic father and the intended mother are to pay the costs of term life insurance on behalf of the surrogate mother. The benefits are to be in the amount of ___$. ___$ of the mentioned amount are to be directed toward a beneficiary, chosen by  the surrogate mother and the intended parents are to be the beneficiary of the remaining ___$. The evidence of the above mentioned insurance as well as the premiums due are to be furnished to the genetic father and the intended mother.

It is possible to terminate this surrogacy agreement only before the surrogate mother becomes pregnant, and only under the conditions, mentioned below:

1. it is possible to terminate this surrogacy agreement by the genetic father and the intended mother, in case if there will be the opinion of some responsible physician that the surrogate mother they chose, will not get pregnant within three (3) menstrual cycles.

2. it is possible to terminate this surrogacy agreement by the genetic father and the intended mother, in case if some responsible physician determines that the surrogate mother, they chose, may not be considered a good candidate for carrying this surrogacy agreement out.

3. it is possible to terminate this surrogacy agreement by the genetic father and the intended mother, in case if the surrogate mother, they chose, has not become pregnant after three (3) menstrual cycles;

4. it is possible to terminate this surrogacy contract by the surrogate mother, in case if the genetic father and the intended mother are considered by some medical professional not to be good candidates for carrying this surrogacy agreement out;

5. at the discretion and with written approval of all the participants of this surrogacy agreement.

In case if this surrogacy agreement gets terminated during its early terms, the genetic father and the intended mother are to be responsible for all costs and expenses of their surrogate mother, incurred to the date of the termination of this surrogacy agreement.

The participants agree to declare any maternal breast or allegation of any material breach in writing to the breaching party during a reasonable period of time after the non – breaching participant becomes aware of the breach.
In case if the nature of an alleged breach is of a such character, that it is not possible to be cured reasonably, or in case if it can be cured, however the breaching party does not manage to cure the breach during the reasonable period of time after the notification takes place, this surrogacy agreement may be terminated immediately by the non – breaching participant by providing written notice of termination, by certified mail, without any further liability or responsibility by the non – breaching participant.

The surrogate mother is to agree to refund all expenses, which were paid to her by the genetic father and the surrogate mother, in case if she breaches any material portion of this surrogacy agreement, for example:
1. if the surrogate mother aborts her pregnancy in violation of this surrogacy agreement and without having the consent of the genetic father and the intended mother;
2. if the surrogate mother conducts anything in a manner, which is dangerous to the well being of the unborn child / children by failing to follow the directions of her physician, using any medications or drugs, which are not prescribed by her doctor,  using any tobacco production, using alcohol, making attempts to inflict harm to the unborn child / children intentionally, or acquiring some venereal disease during the pregnancy term;
3. if the surrogate mother provides false or misleading information to any physician or psychotherapist;
4. if the surrogate mother becomes pregnant before the embryo transfer procedure is conducted;
5. if the surrogate mother does not manage to conduct the timely cooperation with all necessary legal procedures to effect the intent and objective of this surrogacy agreement, and establish the genetic father and the intended mother as the legal parents of the child / children;
6. if the surrogate  mother fails to relinquish custody of the child / children, born in the result of this surrogacy agreement;
7. if the surrogate mother violates any other provision of this surrogacy agreement.

In case if the surrogate mother breaches this surrogacy agreement of if she fails to fulfill her obligation, then:
1. she relinquishes her entitlement to the payment of all expenses to her, and in case if she has already received the benefit or some part of it, she is to refund the money to the genetic father and the intended mother immediately;
2. she becomes responsible for any monetary expenses, which are incurred by the genetic father and the intended mother, including, however, not limited to, all medical expenses, all psychological expenses, all travel expenses as well as all legal expenses;
3. she is considered to be liable for all expenses, which were incurrent incident to this surrogacy agreement already;
4. the surrogate mother is considered to be liable for all necessarily incurred legal expenses to effect the intent and objective of this surrogacy agreement, and establish the genetic father and the intended mother as the legal parents of the child / children.

The genetic father and the intended mother are to agree to pay all anticipated expenses of their surrogate mother as well as the expenses, the surrogate mother would have been entitled to pursuant to this surrogacy agreement, in case if they breach any material portion of this surrogacy agreement, for example:
1. if they do not manage or refuse to pay all expenses or part of it to the surrogate mother, as it was agreed;
2. refuse to accept the child / children rights away after his / their arrival, unless a blood test excludes the genetic father as being the biological father of the child / children, or unless the hospital is found to be at fault for the resulting breach;
3. falsify or omit any kind of material information, which has anything to do with the questions, contained in this surrogacy agreement, or in any other document, worked out in the anticipation of the intent and objective of this surrogacy agreement intentionally;

In case if the genetic father and / or the intended mother breach this surrogacy agreement, then they are to agree to become obligated to do the following:
1. to pay all real expenses, subject to the limitations of Section IX of this surrogacy agreement, of the surrogate mother incurred to the date of breach, provided the surrogate mother is not pregnant;
2. to pay all child support costs in accordance with the law upon the arrival of the child / children;
3. to pay for all reasonable expenses, related to placing the child / children for adoption, in case if the surrogate mother wished to place the child / children for adoption;
4. to pay all legal fees, which are associated with the enforcement of this surrogacy agreement;
5. to pay all legal fees of the surrogate mother to defend against collection suits for unpaid medical bills.
If there occurs the exclusion of the genetic father as a biological parent of the child / children, or the inclusion of the surrogate mother as a parent of the child / children by either maternity or paternity testing shall constitute a material breach on the part of the surrogate mother except in case that any action of the treating doctor was the causative factor, resulting in exclusion of the genetic father as a parent of the child / children.  Absent a causative factor by the treating physician, the genetic father and the intended mother have no obligations whatsoever is connected with the child / children, and all expenses, paid by them on behalf of the surrogate mother shall be reimbursed.

In case if litigation is necessary for the interpretation of enforcement of the terms of this surrogacy agreement, the prevailing party is to be entitled to reasonable attorney fees, along with court costs and to any other relief that the court will consider to be just and appropriate

Independent Legal Counsel

All the participants of this surrogacy agreement acknowledge that they were advised to retain and consult with their own independent legal counsel regarding all the terms of this surrogacy agreement.

It should also be noted that all documented legal fees, which are incurred by the surrogate mother are not to exceed five hundred dollars ($500.00), as it is indicated by way of billing form the counsel’s firm as follows:

a. for advice regarding either representation or clarification of any portion of this surrogacy agreement;

b. for representation with regard to any maternity / paternity and / or adoption and any other proceeding, which has anything to do with the custody.

When signing this document, the participants represent that they have had consultations with their independent counsel about the terms, conditions, rights, duties, liabilities as well as enforceability arising under the conduct contemplated by this surrogacy agreement.

During the time, when this surrogacy agreement is in term, all participants are to agree to inform the other participants immediately and in writing of any material change in there circumstanced, which may affect this surrogacy agreement meaningfully. These changes include, however, are not limited to the change of address, illness or death of any of the participant, loss / change of employment, any change in insurance coverage, change in marital status, and exposure to any of the communicable diseases.

Any participant has the right to withdraw their consent to this surrogacy agreement as well as to terminate this surrogacy agreement by providing a written notice, given to the other participant any time before the embryo transfer procedure is conducted, subject to expenses under Section IX and any other relevant terms of this surrogacy agreement.

All the obligations of every participant of this surrogacy agreement, except the sections, which relate to expenses, are conditioned upon the approval of the results of the psychological and medical exams and tests.

All the participants of this surrogacy agreement enter into the agreement voluntarily, they are expecting to be bound by each of the terms and conditions as set forth above, notwithstanding any subsequently approved or enacted legislation to the contrary. Any participant may make an attempt to enforce this surrogacy agreement in Court. However, every participant is to understand that it is possible that a court may refuse to enforce this surrogacy agreement either in whole or in part, as being against public policy or otherwise.

All the participants of this surrogacy agreement do assume the risk of unenforceable in entering into this surrogacy agreement. The surrogate mother and her husband or boyfriend, if there is any are to be held harmless and they are to be reimbursed for all and / or any expenses under the conditions of this surrogacy agreement, which have anything to do with the enforce ability of this surrogacy agreement in case a court determines this surrogacy agreement as not valid, unless the surrogate mother or her husband or boyfriend, if there is any, were in breach of this surrogacy agreement.

Privacy/Confidentiality:

Every participant of this surrogacy agreement, realizing the whole potential of the performance of any controversial medical procedure to attract media attention is to agree that in the interest of privacy and preservation of family values, none of the participants will communicate with any media entity about any of the events, which will take place pursuant to this surrogacy agreement without the express written consent of all other participants named in this surrogacy agreement.

All participants are to agree that they will neither try to provide nor let themselves or any of their agents to provide any kind of information to the public, news media or to any other individual or group, which ca possibly lead to the disclosure of the identity of the participants hereto or the child / children.

Anticipating any necessity of an adoption, the participants are to agree that upon the completion of an adoption procedure of the child / children conceived in the result of this surrogacy agreement, they will permanently close the adoption file pertaining to the above mentioned child / children, except as otherwise provided by the Law.

This surrogacy agreement may possibly be amended only upon the written consent of all its participants, notarized and executed before the child / children is / are delivered.

We have read this page and the foregoing pages of this surrogacy agreement, and it is our intention, by subscribing our signatures below, to enter into a binding legal obligation.

PREPARED BY:
Attorney
STATE OF   ___________________)
COUNTY OF __________________)

BEFORE ME, the undersigned, a Notary Public in and for the above mentioned County and State, personally appeared _________________, who acknowledges that she did sign the foregoing SURROGACY CONTRACT and that the same is her free act and deed.

IN WITNESS WHEREOF, I have set my hand and official seal at _______ this ________ day of   ______________, ____.

________________________________
Notary Public