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Surrogacy Arrangement Contract
Surrogacy Arrangement Contract
Surrogacy Arrangement Contract
AIM: Contract to govern the relation between the hospital/agency and the intended parents.
Intended Parents from all over the world come down to India with great dreams and hopes for attaining the joy of parenthood. Most times, intended parents contact hospitals over the internet only to come across hospitals/agencies which do not provide complete information about the surrogacy procedures, time factors and more importantly the cost factor. However, the intended parents are compelled to come down to India for collecting more information from the hospital/agency. In many cases, Intended Parents sign up for the surrogacy program without even clearly knowing what is the role and responsibility of themselves and the hospital, about the time frame or the costs. The reason for the arising of this lacuna is due to the absence of a proper understanding between the hospital and the intended parents. There arises the need for a surrogacy arrangement contract.
Surrogacy Arrangement Contract is an understanding entered into between the Intended Parents and the hospital or the agency chosen by them. The surrogate mother is not a party to this contract. This contract shall be a complete document which brings down in writing the understanding between the intended parents and the hospital/agency, about each of the parties role in the surrogacy arrangement. This contract shall comprehensively contain all details about the rights and responsibilities of the Intended Parents as well the hospital in the surrogacy program.
• The surrogacy arrangement contract creates a clear understanding of the surrogacy program without lacunas.
• This contract puts into a legally binding written contract the commercial procedures, the method of payment, the compensation, the time line and the other important commercial elements of the surrogacy program. Though usually the hospital/agencies indicate the paying process, you might never have an idea about the exact need for the payment. Charting out of the complete fee schedule in a contract makes the hospital/agency bind to its words.
• The contract brings out in writing the role and responsibilities of the hospital and the intended parents.
• The contract contain details about the periodic medical tests and evaluation that required to be performed on the surrogate mother as well as on the intended parents.
• The original copy of the health reports shall be handed over to the intended parents.
• The contract shall stress a time framed surrogacy program where a specific mention has been made about every material particular in the treatment
• This contract is not a substitute to the surrogacy contract which is entered between the surrogate mother and the intended parents. The surrogate mother is not a party to this contract.
• The contract legally binds each action taken by the hospital, and builds up a lawful responsibility in the mind of the hospital/agency about the surrogacy program.
• Hospitals to be held liable for DNA mismatch
• Where the hospital violates any of the terms of the surrogacy arrangement contract, the hospital is legally responsible for it and also answerable for it. This sort of legal binding on the hospital is not other present.
Assoicate Member of American Bar Association
