Gestational Surrogacy Contract lets between Intended Parent and Surrogate  

A gestational carrier contract in India is known as an agreement between intended parents and a gestational carrier and her partner/spouse, if any. These contracts are commercial in nature and could be compensated or uncompensated and are planned to detail the parties’ rights, obligations, intentions and potentials in connection with their arrangement. The contract talks to subjects such as parental rights, custody issues, location of delivery, future contact between the parties, and insurance.

A t GestationalSurrogacyIndia, the contract also comes to cover up issues such as control over the medical decisions during the pregnancy, payment of medical bills, responsibility for medical complications, availability of medical history and personal medical information on the gestational carrier, and intended parents’ presence during doctor’s visits and at the delivery. Also, the financial considerations such as the gestational carrier’s compensation and expenses, such as lost wages, legal fees, child care and maternity clothes are also addressed in the contract.
The Gestational Carrier Contract is generally negotiated once the intended parents and the gestational carrier experience to the medical testing and is fully screened.[toggle title=”Know Gestational Surrogacy Contracts  ” state=”close” ]

  • The purpose and intention of the gestational surrogacy agreement is likely to enable the Intended Parents, to parent a child or children through the services of the Surrogate.
  • Surrogate and Intended Parents wish to result a gestational surrogacy agreement, in which a Surrogate will be inseminated with Intended Father/donor semen and take the resulting fetus to term.
  • Child born from the agreement will have all testamentary and inheritance rights from Intended Parents, none from Surrogate.
  • Intended Parents entrust to get full direct absolute custody aside and abnormalities of the child.
  • Surrogate intends to relinquish all rights and responsibilities; she will not be responsible for support, custody, or any liability related to the child.
  • Intended Parents entrust to cover Surrogate’s uncovered medical expenses associated to pregnancy, miscarriage, and the birth, such as an abortion for medical reasons, even if a fetus does not survive pregnancy, is stillborn, or does not carry on to leave the hospital.
  • Intended Parents entrust to covering all exposed expenses for the child, counting burial costs if the child is stillborn or does not survive to leave the hospital.
  • Surrogate will team up in any lawful practices to relinquish rights and responsibilities to Intended Parents.
  • The Intended Parents separation or divorce will not have an effect on their mutual and individual obligation and the right to get legal parental status for the child.
  • In case one Intended Parent passes on, the other keep up the obligation and right to get hold of parental status.
  • In case both Intended Parents dies, they appoint guardian to take over the obligation and the right to obtain parental status, and Surrogate agrees to give up the child to him/her.
  • The parties intend to be respectably bound by this contract, and lawfully bound to the extent recognized by law.


Assumption of Risk

  • Surrogate is receptive to the risks of pregnancy and deliberately and readily commences them.
  • Surrogate is aware of and gives up the increased risks incumbent in the use of unquarantined semen.
  • Parties comprehend the many legal and physical risks concerned and that there is no assurance of any particular outcome.

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Financial Issues

  •  Intended Parents will issue for payment directly to the healthcare providers whenever possible.
  • Intended Parents concur to punctually repay Surrogate for any health care expenses she must cover up straight, upon receipt of documentation.
  • Questionable/Unacceptable in India



  • o   In case of temporary disability to work/permanent compromise of reproductive ability, Intended Parents agree to compensate Surrogate dollars (Questionable)
  • o   Intended Parents will reimburse term life insurance for Surrogate continuing 2 months after birth or longer if physician utters so. (Questionable)
  • o   Intended Parents allow to cover up the costs of transportation to and from pregnancy associated health care, lost work time, maternity clothes, etc. (Unacceptable)


Termination of Contract

  • Before pregnancy, either of the Intended Parents or the Surrogate may stop the contract with two days’ notice to all the parties. Intended Parents will be accountable for the reimbursement of all the Surrogate’s surrogacy-related medical expenses until notification is offered.
  • Parties have the same opinion that termination of the contract after pregnancy by any of the parties, such as through the Surrogate’s elective abortion, or after birth, will be considered a material breach of the contract and the terminating party will be honorably answerable for reimbursement and injures and lawfully liable under any applicable legal causes.

Des.: At GestationalSurroagcyIndia, keep in mind for gestational surrogacy contract an agreement between intended parents and a gestational carrier and her partner/spouse.