SURROGATE PARENTING AGREEMENT
SURROGATE PARENTING AGREEMENT
This Agreement is made on ________________ (Date), by and between ____________________________________, a married woman (Referred to
as Surrogate), ________________________________, her husband (Referred to as Surrogate's Husband), who both reside at
___________________________________________ (Address) and ________________________________, (Referred to as Natural Father), who resides
at ____________________________________________________ (Address).
This Agreement is made with reference to the following facts:
A. Natural Father is a married man over the age of __________ (______) (Eighteen (18) or Applicable Age Required by Statute) years
who desires to enter into this Agreement, the sole purpose of which is to enable the Natural Father and his wife, who cannot
conceive, to have a child who is biologically related to the Natural Father.
B. Surrogate and Surrogate?s Husband are over the age of _________ (______) (eighteen (18)) years and both desire and are willing
to enter into this Agreement subject to the terms and conditions contained in this Agreement.NOW THEREFORE, in consideration of the
mutual promises, representations, terms and conditions contained in this Agreement, the parties agree as follows:
Surrogate represents that she is capable of conceiving children. Surrogate understands and agrees that in the best interests of the
child she will not form or attempt to form a parent-child relationship with any child or children she may conceive, carry to term, and
give birth to, pursuant to this Agreement.
Surrogate and Surrogate's Husband have been married since _____________ (Date). Surrogate's Husband agrees with the purposes and
provisions of this Agreement and acknowledges that his wife, Surrogate, shall be artificially inseminated pursuant to the provisions of
this Agreement. Surrogate's Husband agrees that in the best interests of the child he will not form or attempt to form a parent-child
relationship with any child or children Surrogate may conceive by artificial insemination, as described in this agreement, and agrees
to freely and readily surrender immediate custody of the child to Natural Father.
Surrogate's Husband further agrees to terminate his parental rights to such child. Surrogate's Husband acknowledges he will do all
acts necessary to rebut the presumption of paternity of any offspring conceived and born pursuant to this Agreement as provided by law,
including blood testing and/or HLA testing.
Surrogate shall be artificially inseminated with the semen of Natural Father by a physician. Surrogate, upon becoming pregnant, agrees
she will carry the embryo (or fetus) until delivery. Surrogate and Surrogate's Husband, agree that they will cooperate with any
background investigation into Surrogate's medical, family, and personal history and warrants the information to be accurate to the best of
their knowledge and belief. Surrogate and Surrogate's Husband agree to surrender custody of the child to Natural Father, to
institute, and cooperate, in proceedings to terminate their respective parental rights to such child, and to sign any and all necessary
affidavits, documents, and papers in order to further the intent and purposes of this Agreement. Surrogate and Surrogate's Husband
understand that the child is being conceived for the sole purpose of giving such child to Natural Father, its natural and biological
father. Surrogate and Surrogate's Husband agree to sign all necessary affidavits and other documents, prior to and subsequent to the birth
of the child, and to voluntarily participate in any paternity proceedings necessary for the Natural Father's name to be entered on
the child's birth certificate as the natural or biological father.
The consideration for this Agreement which is compensation for services and expenses, and should in no way be construed as a fee for
the termination of parental rights or as payment in exchange for a consent to surrender the child for adoption, in addition to other
provisions contained in this Agreement, shall be as follows:
1. ____________ ($________) dollars shall be paid to Surrogate, for services and expenses in carrying out Surrogate's obligations under this Agreement, immediately upon surrender to Natural Father custody of the child born pursuant to the provisions of this Agreement.
2. The consideration to be paid to Surrogate shall be deposited with _____________ (Referred to as Custodian), the representative of Natural Father, at the time of the signing of this Agreement and shall be held in escrow until completion of the duties and obligations of Surrogate as provided for in this Agreement.
3. Natural Father shall pay the expenses incurred by Surrogate, pursuant to her pregnancy, which are specifically defined as follows:
(a) All medical, hospitalization, pharmaceutical, laboratory, and therapy expenses, incurred as a result of Surrogate's pregnancy, not covered or allowed by her present health and major medical insurance, including all extraordinary medical expenses and all reasonable expenses for treatment of any emotional, mental, or other problems related to such pregnancy. In no event, however, shall any such expenses be paid or reimbursed after a period of __________ (___) months has elapsed since the date of the termination of the pregnancy. This agreement specifically excludes expenses for lost wages or other non-itemized incidentals related to such pregnancy.
(b) Natural Father shall not be responsible for any medical, hospitalization, pharmaceutical, laboratory, or therapy expenses occurring __________ (_____) months after the birth of the child, unless the medical problem incident to such expenses was known and treated by a physician prior to the expiration of the __________ (_____) month period and written notice advising of this treatment is given to Custodian, as representative of Natural Father, by certified mail, return receipt requested.
(c) Natural Father shall be responsible for the total cost of all paternity testing. Such paternity testing may, at the option of Natural Father, be required prior to release of the Surrogate fee from escrow. If Natural Father is conclusively determined not to be the biological father of the child as a result of an HLA test, this Agreement will be deemed breached and Surrogate shall not be entitled to any fee, and Natural Father shall be entitled to reimbursement of all medical and related expenses from Surrogate and Surrogate's Husband.
(d) Natural Father shall be responsible for Surrogate's reasonable travel expenses incurred at the request of Natural Father pursuant to this Agreement.
Surrogate and Surrogate's Husband are aware, understand, and agree to assume all risks, including the risk of death, which are
incidental to conception, pregnancy, childbirth, and includes, but is not limited to, complications subsequent to such childbirth.
Surrogate and Surrogate's Husband, hereby agree to undergo psychiatric evaluation by _____________________________________, a
psychiatrist, as designated by Natural Father. Natural Father shall pay for the cost of such psychiatric evaluation. Prior to their
evaluations, Surrogate and Surrogate's Husband shall sign a medical release permitting dissemination to Custodian or Natural Father and
his wife copies of the report prepared as a result of such psychiatric evaluations.
Surrogate and Surrogate's Husband hereby agree it is the exclusive and sole right of Natural Father to name such child born pursuant
to this agreement.
Child, as referred to in this agreement, shall include all children born simultaneously pursuant to the inseminations contemplated in
In the event of the death of Natural Father prior or subsequent to the birth of such child, it is understood and agreed by Surrogate
and Surrogate's Husband, the child will be placed in the custody of Natural Father's wife.
In the event the child is miscarried prior to the ______ (____) (Fifth or as the Case May Be) month of pregnancy, no compensation, as
enumerated in Section Four, Paragraph 1, shall be paid to Surrogate. However, the expenses enumerated in Section Four, Paragraph 3
shall be paid or reimbursed to Surrogate. In the event the child is miscarried, dies, or is stillborn subsequent to the _______ (_____)
(Fourth or as the Case May Be) month of pregnancy the Surrogate shall receive _____________ ($______) dollars in lieu of the
compensation enumerated in Section Four, Paragraph 1. In the event of a miscarriage or stillbirth as described above, this agreement shall
terminate, and neither Surrogate nor Natural Father shall be under any further obligation under this Agreement.
Surrogate and Natural Father shall each undergo complete physical and genetic examination and evaluation, under the direction and
supervision of a licensed physician, to determine whether the physical health and well-being of each is satisfactory. Such physical
examination shall include testing for AIDS and venereal diseases including, but not limited to, syphilis, herpes, and gonorrhea. Such AIDS
and venereal disease testing shall be done prior to, but not limited to, each series of inseminations.
In the event that pregnancy has not occurred within a reasonable time in the opinion of Natural Father, this Agreement shall terminate
by written notice to Surrogate, at the residence provided to the Custodian by the Surrogate (from Custodian, as representative of the
Surrogate agrees she will not abort the child once conceived except if, in the professional medical opinion of the inseminating
physician, such action is necessary for the physical health of Surrogate or the child has been determined by such physician to be
physiologically abnormal. Surrogate further agrees, at the request of such physician, to undergo amniocentesis or similar tests to detect
genetic and congenital defects. In the event such test reveals the fetus is genetically or congenitally abnormal, Surrogate agrees to
abort the fetus on demand of Natural Father. The fee paid to Surrogate in this circumstance will be in accordance to Section Ten. If
Surrogate refuses to abort the fetus upon demand of Natural Father, Natural Father's obligations, as stated in this Agreement, shall
cease except as to obligations of paternity imposed by statute.
Natural Father recognizes that some genetic and congenital abnormalities may not be detected by amniocentesis or other tests, and,
therefore, if proven to be the biological father, assumes the legal responsibility for any child who may possess genetic or congenital
Surrogate agrees to adhere to all medical instructions given her by the inseminating physician as well as her independent
obstetrician. Surrogate also agrees not to smoke cigarettes, drink alcoholic beverages, use illegal drugs, or take prescription or
nonprescription medications without written consent from her physician. Surrogate agrees to follow a prenatal medical examination schedule
to consist of no fewer visits than: one (1) visit per month during the first ____________ (____) (Seven or as the Case May Be) months
of pregnancy, two (2) visits (each to occur at two-week intervals) during the __________ (_____) and _________ (______) (Eighth and
Ninth or as the Case May Be) months of pregnancy.
Prior to signing this Agreement, each party has been given the opportunity to consult an attorney of his or her own choice concerning
the terms and legal significance of the agreement and the effect it has upon any and all interests of the parties to this Agreement.
Each party acknowledges that he or she has carefully read and understands every word in this Agreement, realizes its legal effect, and
is signing this agreement freely and voluntarily. None of the parties has any reason to believe the other party or parties did not
understand fully the terms and effects of this Agreement, or that the other parties did not freely and voluntarily execute this
In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, such invalid or unenforceable
provision may be severed from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the reminder of
this Agreement. If such provision shall be deemed invalid due to its scope or breadth, then such provision shall be deemed valid to
the extent of the scope or breadth permitted by law.
This Agreement shall be executed in three copies, each of which shall be deemed an original. One copy shall be given to Custodian,
another copy to Natural Father, and the third copy to Surrogate.
This instrument embodies the entire Agreement of the parties with respect to the subject matter of surrogate parenting. There are no
promises, terms, conditions, or obligations other than those contained in this Agreement, and this Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, among the parties.
This Agreement cannot be modified except by written agreement signed by all the original parties.
This Agreement has been drafted, negotiated, and executed and shall be governed by, and enforced in accordance with, the laws of the State of ______________________.
Signature of Surrogate Mother Date
Signature of Surrogate's Husband Date
Signature of Natural Father Date
Commercial surrogacy in India
From Wikipedia, the free encyclopedia
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Commercial surrogacy in India is legal. The availability of medical infrastructure and potential surrogates, combined with
international demand, has fueled the growth of the industry. Surrogate mothers receive medical, nutritional and overall health care
through surrogacy agreements.
o 1.1 Manji's case
o 1.2 Balaz v. India
2 Indian Council for Medical Research guidelines
3 See also
India does not yet have a legislation controlling surrogacy.
 Manji's case
In Manji's case (2002), the Supreme Court of India held that commercial surrogacy was legal in India.
 Balaz v. India
In Jan Balaz v Union of India, the Gujarat High Court conferred Indian citizenship on two twin babies fathered through compensated
surrogacy by a German national in Anand district.  The court observed: "We are primarily concerned with the rights of two newborn,
innocent babies, much more than the rights of the biological parents, surrogate mother, or the donor of the ova. Emotional and legal
relationship of the babies with the surrogate mother and the donor of the ova is also of vital importance." The court considered the
surrogacy laws of countries like Ukraine, Japan, and the United States.
Because India does not offer dual citizenship, the children will have to convert to Overseas Citizenship of India if they also hold
The case is still pending on appeal before the Supreme Court of India. Balaz, the petitioner, submitted before the Supreme Court that he
shall be submitting his passports before the Indian Consulate in Berlin. He also agreed that a NGO in Germany shall respond back to India
on the status of the children and their welfare. The Union of India responded that India shall make all attempts to have the children sent
to Germany. German authorities have also agreed to reconsider the case if approached by the Indian authorities.
edit] Indian Council for Medical Research guidelines
The Indian Council for Medical Research has given Guidelines in the year 2005 regulating Assisted Reproductive Technology procedures. The
Law Commission of India submitted the 228th report on Assisted Reproductive Technology procedures discussing the importance and need for
surrogacy, and also the steps taken to control surrogacy arrangements. The following observations had been made by the Law Commission:
1. Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of
surrogate mother to bear child, agreement of her husband and other family members for the same, medical procedures of artificial
insemination, reimbursement of all reasonable expenses for carrying child to full term, willingness to hand over the child born to the
commissioning parent(s), etc. But such an arrangement should not be for commercial purposes.
2. A surrogacy arrangement should provide for financial support for surrogate child in the event of death of the commissioning couple or
individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of
3. A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
4. One of the intended parents should be a donor as well, because the bond of love and affection with a child primarily emanates from
biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in cases of adoptions, will be
reduced. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. Otherwise, adoption is
the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different.
5. Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s) without there being
any need for adoption or even declaration of guardian.
6. The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
7. Right to privacy of donor as well as surrogate mother should be protected.
8. Sex-selective surrogacy should be prohibited.
9. Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.
 See also
Medical tourism in India
1. ^ The Associated Press (2007-12-30). "India's surrogate mother business raises questions of global ethics". Daily News.
2. ^ "India's baby farm". The Sun-Herald. 2008-01-06. http://www.smh.com.au/news/world/indias-baby-farm/2008/01/05/1198950126650.html.
Retrieved 2008-01-06., Indian women carrying babies for well-off buyers, 'Wombs for rent' pleases women and customers, but raises ethical
questions; Monday, December 31, 2007; The Associated Press; CBC News; Canadian Broadcasting Corporation, "Business is booming for India
commercial surrogacy program" by Associated Press, Dated: Monday, December 31, 2007; The Albuquerque Tribune, NM, USA, Paid surrogacy
driven underground in Canada: CBC report; Wednesday, May 2, 2007; CBC News; Canadian Broadcasting Corporation
3. ^ Regulators eye India's surrogacy sector; By Shilpa Kannan; 18 March 2009; India Business Report, BBC World
4. ^ Indian women carrying babies for well-off buyers, 'Wombs for rent' pleases women and customers, but raises ethical questions;
Monday, December 31, 2007; The Associated Press; CBC News; Canadian Broadcasting Corporation
5. ^ HC confers Indian citizenship on twins fathered through surrogacy; Express News Service; Nov 12, 2009; Ahmedabad; Indian Express
6. ^ OCI just a recognition of Indian roots: Vayalar; by Rema Nagarajan, TNN; 29 September 2006; The Times of India
7. ^ Overseas Citizenship of India (OCI); Ministry of Home Affairs, Government of India website, Diaspora Services: Overseas Citizenship
of India Scheme; The Ministry of Overseas Indian Affairs (MOIA), Government of India website, What is the basic difference between an
NRI/PIO/PIO Card Holder and an OCI? Overseas Indian Facilitation Centre, a not for profit public private initiative of Ministry of
Overseas Indian Affairs (MOIA) and Confederation of Indian Industry (CII), was launched on 28th May 2007; Official Government of India
8. ^ http://blog.indiansurrogacylaw.com
The German Couple who had a tiring journey through the Indian Judicial System in a bid to travel back to their homeland with the twin
children finally have crossed the first step. The German Government had granted VISA for the children to be brought to Germany. The
Central Adoption Resource Agency (CARA) had earlier agreed that it would issue a No Objection Certificate for the adoption of the
children. With what can be seen, the children have to be adopted (or something similar) by the German Couple in Germany. The Union of
India had given the Exit Permit for the children to be taken to Germany.
The children remain stateless yet. The Union of India had only granted the Exit Permit to the children and not a citizenship. I do not see
a change of scenario as far as nationality is concerned. However, the change in attitude of the German Government is seen by issuance of
the VISA. The German Couple now have an opportunity to fight for their rights at judicial forums in Germany for the citizenship of the
children. The German Government had always remained steadfast to its view that familial ties arising out of a surrogacy agreement cannot
be valid in law. German Government was also very precautious that the Jan Balazs case should be a precedent for other Germans to take up
The German Couple may be required to adopt the twin children in Germany. This would pave way for the twin children to obtain German
Citizenship. However, the Balaz Family has percolated through the first step with the guidance and aid of the Supreme Court of India.
When the appeal was filed before the Supreme Court of India, the court did not have much in its hands as the issue largely involved the
policy of two states, Germany and India. Germany and India had conflicting policies with regard to surrogacy.
India was unable to grant citizenship to the twins born through surrogacy. The acquisition of citizenship by birth under the Indian
Citizenship Act, 1955 requires either one or both of the parents of the child to be Indian Citizens at the time of birth of the child. In
the case on hand the children did not have an Indian National Parent. The contention of the German Couple was that the children born to an
Indian surrogate mother using the gamete from an Indian anonymous egg donor is India; and that the surrogate mother was required to be
regarded as the legal mother of the children. This contention had got the sympathetic eyes of the High Court of Gujarat, which agreed that
the surrogate mother should be regarded as the legal mother of the child. The Gujarat High also directed the Union of India to grant
citizenship and passport for the children enabling them to travel abroad.
The scenario took a complete change when the Union of India rushed to the Supreme Court of India challenging the verdict of the High Court
of India. The Supreme Court of India seemed unmoved by the plea of the German Couple. The Solicitor General had time again stood stead
fast to his argument that children born to a surrogate mother cannot be provided with Indian Citizenship.
I personally feel that the arguments which could have strengthened the stand of Union of India, but which was not presented is as follows:
(a) The Supreme Court of India in its earlier decision of Baby Manji (Japanese baby) held that the surrogacy agreement is valid in law.
(b) Any basic surrogacy agreement is required to contain the clause that the surrogate mother relinquishes her rights over the child,
which is born to her.
(c) The surrogacy agreement has to be enforced by a court of law. In the absence of any law to the contrary, the surrogacy agreement
should control the conduct of the parties and a contrary view cannot be taken.
(d) Where the court takes an opinion, which is unfounded in law and in the surrogacy agreement, it would amount to legislating of a new
(e) Concluding, in absence of law to the effect that the surrogate mother is the legal mother of the child, the court cannot bring out
this new theory.
(f) India does not have a legal mechanism whereby the parental rights of the surrogate mother would be transferred to the intended
However, the above argument was not presented before the Supreme Court of India in support of the Union of India.
The Supreme Court of India successfully guided the German Couple through the legal maze. The Supreme Court of India had also recommended
the emergent legislation of a law on surrogacy. The Bench headed by Justices G.S. Singhvi and C.K. Prasad said that no surrogate child
should undergo the difficulties faced by Nicolas and Leonard.
Union Health Ministry has now finalized the Assisted Reproductive Technologies (ART) regulation Bill, according to which a woman acting as
surrogate mother in India should be between 21-35 years of age and including her own children she cannot give more than 5 live births.
This Bill has been sent to the law ministry for its approval.
Other clauses included in the Bill are- no surrogate mother shall undergo embryo transfer for the same couple for more than three times.
If the woman posing as a surrogate mother is married, the consent of her spouse is mandatory. Only Indian citizens can be considered for
surrogacy. No Indian citizen should be sent abroad by an ART bank or clinic for the purpose of surrogacy abroad. Strict confidentiality
about the donor's identity has to be maintained. Any act that could harm the fetus during pregnancy or after birth should not be done by
the would-be surrogate mother. As parents, the birth certificate of the baby will bear the names of the individual who had commissioned
the surrogacy and these commissioning parents will have to accept the child's custody irrespective of any congenital abnormality.
The Bill made another important point that during one cycle of the treatment no woman can be treated with gametes or embryos derived from
the gametes of more than one man or woman. Lesbians and gays cannot opt for IVF treatments as these relations are not legal in India.
While live-in couples can go in for IVF only if the woman cannot bear a child due to biological reasons or it is medically risky for her
to bear a child.
Read more: Bill to Regulate Surrogacy in India http://www.medindia.net/news/Bill-to-Regulate-Surrogacy-in-India-79993-1.htm#ixzz1DFi06aLI
NEW DELHI: A baby -- born of a surrogate mother and abandoned by the commissioning couple -- will get an Indian citizenship only when a
foreign party seeking surrogacy fails to take custody within a month of the child's birth. Consequently, the baby's local guardian --
appointed by the commissioning couple -- can put the child up for adoption.
However, if a foreigner or foreigner couple looking for sperm or egg donation or surrogacy in India -- and a baby is born as a result --
the child, even though born in India, won't be considered an Indian citizen.
Union health ministry's Assisted Reproductive Technologies (ART) Regulation Bill, 2010, which is pending with the law ministry for its
approval, makes several important points.
The Bill states the party seeking the surrogacy must ensure and establish to the ART clinic through proper documentation (a letter from
either the embassy of the country in India or from the foreign ministry of that country), clearly and unambiguously stating that the
country permits surrogacy. And, the child born through surrogacy in India will be permitted entry in that country as a biological child of
the commissioning couple/individual. Besides, the party would be able to take the child/children born through surrogacy outside India to
the country of the party's origin or residence.
With cases becoming common in India of a foreign party refusing to accept a child after applying for surrogacy in the country, the new
Bill gives special focus and rights to such children.
As per the Bill, a foreigner or foreigner couple not a resident in India, or an NRI or NRI couple, seeking surrogacy in India will have to
appoint a local guardian. The local guardian will be legally responsible for taking care of the surrogate during and after the pregnancy
till the child/children are delivered to the foreigner or foreigner couple.
Special attention will also be given to children born to infertile couples through IVF. For instance, a child born to a married couple
through use of ART shall be presumed to be the legitimate child of the couple -- having been born in wedlock and with the consent of both
spouses -- and shall have identical legal rights as a legitimate child.
If a child is born to an unmarried couple through use of ART -- with the consent of both the parties -- the baby will be their legitimate
If the parent is a single woman, she would be the legitimate mother of the child. A similar rule applies to a single man.
In case, a married or unmarried couple separates or gets divorced -- after both parties consented to the ART treatment and before the
child is born -- the child will be their legitimate offspring.
A child born to a woman artificially inseminated with the stored sperm of her deceased husband shall be considered as legitimate child of
Individuals or couples may obtain the service of a surrogate through an ART bank, which may advertise to seek surrogacy provided that no
such insertion contains any details pertaining to caste, ethnic identity or descent of any of the parties involved in such surrogacy.
Experts push for surrogacy law in India
MUMBAI: Experts are calling on the Centre to quickly turn surrogacy guidelines formulated by the Indian Council of Medical Research (ICMR)
into an Act to avoid complex scenarios like the one faced by Norwegian national Kari Ann Volden.
Volden has been living in India for more than a year because her home country refuses to give citizenship to the twins she had through
Dr R S Sharma, who heads the reproductive health and nutrition division at the ICMR, complained that cases like Volden's are happening too
often. "Clinics have to be extra cautious. Creating stateless children is absolutely unacceptable," said Sharma, who was one of the key
people behind ICMR's Assisted Reproductive Technology guidelines.
Sharma said though there was nothing wrong in helping Volden, the fertility clinic she used should have first found out if the children
born out of surrogacy will be allowed to move to Norway. He added that the ICMR guidelines were finalised in 2009, around the same time
when Volden must have commissioned surrogacy.
In November last year, the ICMR submitted a final set of guidelines for Assisted Reproductive Technology Act to the law ministry. The
guidelines recommend that foreigners be asked to prove that surrogacy is recognized in their country and that the children born of the
procedure will be granted citizenship back home.
Some experts say that people like Volden are victims of unclear regulations. "There is nothing stopping a single woman from making use of
ART to have children," said Dr Firuza Parikh, director of assisted reproduction and genetics at Jaslok Hospital.
But there are others who ask why Volden did not adopt children instead of tailor-making them. A leading gynaecologist said Volden's clinic
should have taken an ethical stand instead of giving in to the fancies of a foreigner. "Ethically, and otherwise, we encourage that the
child should have some genetic link to the parents. If not, we suggest those couples adopt children," said the doctor