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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."
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
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
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
Birth Mother
Child
Custody
Effective Date
Expected Due Date
Genetic Parent(s)
Healthcare Provider
Hospital
Intended Parent(s)
Legal Custody
Medical Decision-Making Authority
Medical Expenses
Medical Records
Parental Rights
Parties
Physical Custody
Pre-Birth Period
Pregnancy
Pregnancy-Related Expenses
Primary Residence
Reasonable Access
Rights of Visitation
Spouse
Surrogate
Termination
Third-Party Donor
Treating Physician
Ultrasound
Visitation Schedule
Recitals
Definitions
Medical Decision-Making
Financial Responsibility
Custody Rights
Parental Authority
Medical Care
Confidentiality
Privacy
Birth Registration
Dispute Resolution
Force Majeure
Termination
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Assignment
Notices
Representations and Warranties
Indemnification
Insurance
Compliance with Laws
Emergency Provisions
Access Rights
Communication Protocol
Record Keeping
Consent and Authorization
Legal Services
Healthcare
Social Services
Family Services
Reproductive Medicine
Insurance
Medical Administration
Public Administration
Legal
Healthcare Administration
Social Services
Risk Management
Compliance
Clinical Operations
Family Services
Patient Relations
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
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