Pre Birth Custody Agreement Template for India

The Pre-Birth Custody Agreement is a critical legal document used in surrogacy arrangements within India's legal framework. It becomes necessary when intended parents engage a surrogate mother under the provisions of the Surrogacy (Regulation) Act 2021 and related legislation. This document serves multiple purposes: it establishes the legal relationship between the parties, outlines custody arrangements, defines healthcare protocols, and sets financial terms. The agreement must comply with strict Indian regulatory requirements, including verification of eligibility criteria for both intended parents and surrogate mothers. It addresses various aspects such as medical procedures, risk management, insurance coverage, and the specific process for transferring custody upon birth. This type of agreement is particularly important in India, where surrogacy is heavily regulated and requires careful documentation to ensure legal compliance and protect all parties' interests.

1. Parties: Identification of all parties involved: intended parents, surrogate mother, and spouse of surrogate mother (if applicable)

2. Background: Context of the agreement, including the parties' intention to enter into a surrogacy arrangement and their eligibility under Indian law

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

4. Scope of Agreement: Overview of what the agreement covers and its primary objectives

5. Legal Compliance: Confirmation of compliance with the Surrogacy (Regulation) Act 2021 and other applicable laws

6. Rights and Obligations of Intended Parents: Detailed responsibilities including financial obligations, medical decisions, and commitment to accept custody

7. Rights and Obligations of Surrogate Mother: Responsibilities regarding medical care, lifestyle restrictions, and agreement to relinquish custody

8. Medical Procedures and Health Care: Agreed-upon medical procedures, choice of healthcare providers, and health-related decisions

9. Financial Terms: Comprehensive breakdown of all financial arrangements, including medical expenses and surrogate compensation

10. Custody and Parental Rights: Terms regarding legal custody, parental rights, and the process of transferring custody after birth

11. Birth Certificate and Registration: Procedures for birth registration and naming of the child

12. Termination: Circumstances under which the agreement may be terminated and the consequences

13. Dispute Resolution: Process for resolving any disputes that may arise during the agreement period

14. Governing Law: Specification of Indian law as the governing law and relevant jurisdiction