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There is no doubt that everyone has a unique and special situation. We introduce you our contract toward gestational surrogacy program with the use of donor egg, so you could conceive what our approach is.
Contract of Agency ¹ ____
City of Perm 11.04.2008
We, ___________________ and ____________________, hereinafter referred to as “Principals”, on the one hand and MOM Service, hereinafter referred to as “Agent”, on the other hand, agree to the following:
1. Subject of the Contract
1.1. According to this contract, Principals grant and Agent agrees to represent the Principals’ interests in performing an assisted reproduction program. This includes the usage of the Principal’s sperm, on the one hand, and donated eggs and surrogate mother, on the other hand.
1.2. According to this contract the parties came to an agreement that assisted reproduction program includes organizational, legal and medical service i.e. matching an egg donor and a surrogate mother, carrying the IVF and ICSI programs out, using sperm of the Principal, baby’s gestation by a surrogate mother and issuing the documents that give parental rights to the Principals and show them as the parents of a newborn.
1.3. To execute this contract the Agent completes the following functions:
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Matching an egg donor;
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Matching a surrogate mother;
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Providing the medical tests for the surrogate mother and egg donor candidates according to the Health Ministry Order ¹ 67;
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Monitoring of assisted reproduction programs;
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Making a plan of Principals’ visit to Russia;
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Meeting the Principals’ in Perm;
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Providing an escort for the Principals during their stay in Perm;
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Providing interpretation and translation;
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Signing the contracts with an approved egg donor and a surrogate mother candidates;
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Entering civil law relationships with the candidates on behalf of the Agent’s name and in Principal’s interest;
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Monitoring the surrogate mother pregnancy;
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Providing the Principals with the medical information about the surrogate mother’s state:
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Providing necessary actions to prevent negative health changes of the surrogate mother during her pregnancy and providing a control over accuracy prescriptions and medical procedures required to keep the pregnancy (medical screening, hospitalization);
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Control over duly hospitalization for child delivery;
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Providing qualified assistance for child delivery;
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Providing all necessary conditions for a newborn;
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Providing law assistance to get legal child’s documents;
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Providing any other actions that are necessary to fulfill the obligations that are framed by this contract.
2. Rights and Responsibilities of the Parties
2.1 The Agent must:
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Inform the Principals about the order execution according to their demand;
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Agree a surrogate mother and an egg donor candidates;
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Provide medical data of the candidates who participate in assisted reproduction program and during the surrogate mother’s pregnancy according to the terms and content approved by the Principals.
2.2 The Principals must:
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issue to the Agent the power of attorney to execute legal actions stipulated by this contract;
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accept the Agent’s report, all the documents and everything that was done by the Agent according to this contract without procrastination;
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provide the Agent with the documents, medical reports and funds that are necessary to complete the order;
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make additional medical tests if it is necessary;
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not establish the surrogate mother’s and the egg donor’s identities;
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admit parental responsibility when the child is born;
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pay the fee stipulated for this contract.
2.3 Both the Agent and the Principals must keep privacy of the information received from both parties.
2.4 The Agent has a right to:
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make a contract on behalf of Agent’s or Principals’ names with the surrogate mother and the egg donor on conditions that allow to execute the order;
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enter civil law relationship on behalf of Principals’ names with all bodies including the government body.
2.5 The Principals have a right to:
3. Terms and Calculations
3.1 This contract comes into force from the time it was signed and it expires on 31.12.2009.
3.2 The cost of a “basic” program is $35,000.00, the cost of each IVF and ICSI attempt, and all donated eggs are not included.
3.3 In case of multiple pregnancy the cost of the basic program is $40,000.00
3.4 The cost of each IVF and ICSI attempt with donated egg is $6 000. This sum consists of two parts:
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the cost of donated egg (paid before the IVF program is started – payback is not possible if the pregnancy is not achieved) - $3,000.00
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the cost of the IVF procedures – paid only on pregnancy achieving - $3,000.00
3.5 The Principals make payments for the “basic” program in parts according to the following schedule
Sum |
Terms |
Way of money transfer |
Documents |
$3 000
Donated egg |
Before the program is started, right away the contract is signed |
Bank Transfer |
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$10,000.00
+$ 3,000.00 – the cost of IVF procedures |
The pregnancy is proved |
Bank Transfer |
Medical report on pregnancy confirmation |
$5 000 |
When the first trimester is passed |
Bank Transfer |
1. Medical report on pregnancy;
2. Medical report that pregnancy is not contraindicated. |
$5 000 |
When the second trimester is passed |
Bank Transfer |
1. Medical report on pregnancy;
2. Medical report that pregnancy is not contraindicated. |
$15 000
+$5 000 |
After the child birth
In case two or more children are born |
Payment in Russia |
Birth Certificate |
3.6 Each next payment proves the conformity of work executed by the Agent to the Principals’ demands and paying back is not possible.
3.7 The Agent’s fee consists of the difference between actual payments made by the Principals for the program of assisted reproduction and Agents expenses.
4. Grounds and Consequences for Termination on the Contract
4.1 The contract of guarantee terminates in consequence of:
- the Principals cancel the order, if so, pay back is not possible;
- force-major circumstances, if so, pay back is not possible.
5. Force-Major
5.1 Both parties proceed from the assumption that they both make every effort to realize successfully this program of assisted reproduction but they both understand that during the program execution the difficulties of medical nature can arise and it can bring different complications and impossibility to complete the program successfully and even negative result such as:
- Repeated unsuccessful attempts to fertilize the surrogate mother with donated egg;
- Miscarriage on different terms of pregnancy;
- Necessity to make medical abortion for the reason of risk of surrogate mother’s life;
- Birth of a dead child;
- Birth of a child with developmental defects.
5.2 When the Agent informs the Principals that one of these situations is happened, the Principal if it is possible, makes a decision to continue the program or terminate it, in this case the pay back is not possible.
6. Settlement of Disputes
6.1 All disputes and disagreements that can arise during execution of contract is executed must be solved through negotiations.
6.2 In case when the disputes are not possible to be solved through negotiations; the Parties apply to a Court.
7. Other Conditions
7.1 As for the other points that are not stipulated in this contract the Parties are guided by the Legislative of Russian Federation.
This contract is drawn up in duplicate, both copies are equally legal, each party has a copy.
7.2 The Parties came to an agreement to keep record on English.
7.3 The Parties came to an agreement to inform each other promptly if the requisites indicated in this Contract are changed.
Addresses and entry of the parties:
Principal:
Names:
Address:
Tel:
Passport #:
Email:
Signature:
Agent: |