Pre Birth Custody Agreement Template for United States

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Key Requirements PROMPT example:

Pre Birth Custody Agreement

"I need a Pre-Birth Custody Agreement for a gestational surrogacy arrangement with my sister as the surrogate mother, with expected delivery in March 2025, including specific provisions for medical decision-making during pregnancy and detailed post-birth visitation rights for the surrogate."

Document background
The Pre-Birth Custody Agreement serves as a crucial legal instrument in situations involving surrogate pregnancies, assisted reproduction, or complex family arrangements in the United States. This document is essential when parties wish to establish clear legal rights, responsibilities, and expectations before a child's birth. It addresses critical aspects such as medical decision-making during pregnancy, financial obligations, and post-birth custody arrangements. The agreement must be carefully drafted to comply with state-specific family law requirements, as enforcement of pre-birth agreements varies significantly across jurisdictions. It's particularly important in surrogacy arrangements or situations where multiple parties may have potential parental rights. The document should be prepared with legal counsel to ensure enforceability and comprehensive coverage of all necessary provisions, including contingency plans for various scenarios that might arise during pregnancy or after birth.
Suggested Sections

1. Parties: Identification of all parties involved, including intended parents, surrogate/birth mother, and any known sperm/egg donors

2. Background: Context of the agreement, including the circumstances leading to the pre-birth custody arrangement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Purpose and Intent: Clear statement of the parties' intentions regarding custody and parental rights

5. Pre-Birth Parental Rights: Rights and responsibilities of all parties during pregnancy

6. Medical Decision-Making: Authority and process for making medical decisions during pregnancy

7. Post-Birth Custody Arrangements: Detailed custody and visitation arrangements after birth

8. Financial Responsibilities: Allocation of pregnancy-related and post-birth expenses

9. Birth Certificate and Registration: Agreement on names and details to be included on birth certificate

10. Dispute Resolution: Process for resolving any disputes that arise during pregnancy or after birth

11. Termination and Amendment: Conditions under which the agreement can be terminated or modified

12. Governing Law: Specification of applicable state law and jurisdiction

13. Execution: Signature requirements and execution process

Optional Sections

1. Genetic Testing: Requirements and procedures for genetic testing, if applicable

2. Religious Upbringing: Agreements regarding religious practices and upbringing, if relevant to the parties

3. International Travel: Provisions for international travel and passport arrangements, if relevant

4. Cultural Considerations: Specific cultural practices or considerations to be maintained

5. Educational Decisions: Agreement on educational decision-making, if parties wish to address this in advance

6. Insurance Provisions: Detailed health insurance arrangements, if not covered in financial responsibilities

7. Third-Party Rights: Rights of grandparents or other family members, if agreed upon

8. Social Media and Privacy: Agreement on sharing of information and photos on social media

Suggested Schedules

1. Schedule A - Medical Information: Relevant medical history and health information of biological parents

2. Schedule B - Financial Schedule: Detailed breakdown of financial responsibilities and payment schedules

3. Schedule C - Medical Consent Forms: Required medical authorization and consent forms

4. Schedule D - Birth Plan: Detailed birth plan and hospital arrangements

5. Schedule E - Contact Schedule: Detailed visitation and contact arrangements post-birth

6. Appendix 1 - Required Legal Notices: State-specific legal notices and disclaimers

7. Appendix 2 - Healthcare Providers: List of agreed healthcare providers and their contact information

8. Appendix 3 - Support Network: List of approved support persons during pregnancy and birth

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Healthcare

Social Services

Family Services

Reproductive Medicine

Insurance

Medical Administration

Public Administration

Relevant Teams

Legal

Healthcare Administration

Social Services

Risk Management

Compliance

Clinical Operations

Family Services

Patient Relations

Relevant Roles

Family Law Attorney

Reproductive Rights Lawyer

Healthcare Administrator

Fertility Specialist

Social Worker

Legal Counsel

Paralegal

Medical Director

Family Services Coordinator

Risk Management Officer

Compliance Officer

Hospital Administrator

Birth Coordinator

Clinical Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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