The Pre-Birth Custody Agreement serves as a crucial legal instrument in Philippine family law, designed to establish clear parameters for custody arrangements before a child's birth. This document becomes necessary when parties wish to formalize custody arrangements during pregnancy, often in cases of planned adoption, surrogate arrangements, or other specific family circumstances. The agreement must align with Philippine legislation, including the Family Code, Special Protection of Children Against Abuse, Exploitation and Discrimination Act, and relevant adoption laws. It typically includes comprehensive provisions for medical care, financial responsibilities, legal rights, and post-birth arrangements, while ensuring compliance with local jurisdiction requirements and protecting the interests of all parties involved, particularly the unborn child.
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1. Parties: Identification of all parties involved, including the birth mother, intended custodial parent(s), and any other relevant parties
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 of Agreement: Clear statement of the agreement's objectives and intended outcome
5. Rights and Responsibilities During Pregnancy: Detailed outline of parties' rights and responsibilities during the pregnancy period
6. Medical Care and Decision Making: Provisions regarding prenatal care, medical decisions, and health-related responsibilities
7. Custody Terms: Specific terms of custody transfer and arrangements after birth
8. Financial Responsibilities: Allocation of pregnancy-related expenses and post-birth financial obligations
9. Birth and Hospital Arrangements: Specific arrangements for the birth, including hospital procedures and immediate post-birth care
10. Legal Rights and Obligations: Statement of legal rights and obligations of all parties post-birth
11. Dispute Resolution: Process for resolving any disputes that may arise during pregnancy or after birth
12. Governing Law: Specification that the agreement is governed by Philippine law
13. Execution and Effect: Terms regarding when and how the agreement takes effect
1. Counseling Requirements: Required when any party needs to undergo legal or psychological counseling before finalizing the agreement
2. Adoption Provisions: Include when the pre-birth custody agreement is part of a planned adoption process
3. Genetic Testing: Include when there are provisions for DNA testing or genetic screening
4. Religious and Cultural Considerations: Include when specific religious or cultural practices need to be observed during pregnancy or after birth
5. International Travel Provisions: Required when any party may travel internationally during pregnancy or immediately after birth
6. Confidentiality Clause: Include when parties wish to maintain privacy about the arrangement
7. Social Media and Privacy: Include when specific restrictions on sharing information or photos are needed
8. Future Contact Arrangements: Include when parties want to specify terms for future contact or updates about the child
1. Schedule A - Medical History: Detailed medical history of birth mother and relevant family medical information
2. Schedule B - Financial Schedule: Detailed breakdown of financial responsibilities and payment arrangements
3. Schedule C - Birth Plan: Detailed birth plan including hospital preferences and medical procedures
4. Schedule D - Contact Information: Complete contact information for all parties, medical providers, and legal representatives
5. Schedule E - Required Documentation: List of all required legal documents and certificates
6. Appendix 1 - Consent Forms: Required medical and legal consent forms
7. Appendix 2 - Medical Authorization: Authorization forms for medical decision-making and access to medical records
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