Terms and Conditons of baby2mom Pro Bono Surrogacy

baby2mom Egg Donation Agency is happy to assist commissioning parents with a surrogate without reeiving a fee or compensation for facilitation of this service.  With the Childrens Act being promulgated on 1 April 2010, surrogacy is governed from a highly regulated and legal perspective. Accordingly, we have implemented appropriate controls to support both surrogate mothers and commissioning parents.

  1. A mandate is hereby given by the client to baby2mom Egg Donation Agency (baby2mom) for services inter alia relating to the fiacilitation of a surrogacy relationship subject to terms and conditions as stated herein.
  2. The mandate will commence upon acceptance of the terms and conditions as stated herein and upon opening up a file with the recommended  surrogacy attorneys. The mandate will cease once the obligations of baby2mom have been completed namely, fertility treatment can commence for a commissioning parent through a screened surrogate mother. baby2mom does not guarantee that the third party's availability for fertility treatment will result in a pregnancy.
  3. No fees will be charges to assist with the surrogacy program facilitattion. A promo bono surrogate program is offered to commissioning parents who comply with these terms and conditions and use the services of the recommended surrogate attorneys for all required legal services. All relevant legal documentation, including required FICA documentation will be requested upon the legal facilitation process for surrogacy.
  4. baby2mom Surrogacy Program/ Surrogacy Programme
  5. All associated costs with respect to the surrogacy - including but not limited to the screening, surrogacy assessment, legal costs, pregnancy, birth, etc are for the commissioning parents.
  6. baby2mom does not guarantee that any potential surrogate will pass necessary screening.  Any and all travel costs for the surrogate are for the commissioning parent's costs.
  7. Commissioning parents agree to keep baby2mom Egg Donation Agency updated with all necessary progress and/ or concerns.
  8. The appropriate screening of surrogates and commissioning parents will be advised by the baby2mom Egg Donation Agency through reputable fertility clinics.
  9. Commissioning parents are to ensure compliance with necessary legalities pertaining to surrogacy in South Africa.
  10. Whilst baby2mom has attempted to provide accurate information about associated fertility clinics, associated legal costs and accurate information in terms of possible surrogate mothers, commissioning parents are encouraged to confirm accurate information with all relevant third parties.
  11. Limitation of liability and no guarantee
    baby2mom makes no guarantee that via its agency and/or otherwise that any programme/program, procedure, surrogacy ivf treatment, ivf fertility treatment and/or service as stipulated herein will be successful or achieve the desired result as to what baby2mom was mandated in the first instance.
  12. baby2mom will not be liable in delict, contract, warranty or otherwise for any consequential or direct damage suffered in the event that any programme/program, procedure, surrogacy ivf treatment, surrogacy, medical, legal aspects and/ or service as stipulated herein was unsuccessful or failed to achieve the desired result.
  13. Obligations of baby2mom
    baby2mom's obligations are offered pro bono in terms of conditions set out herein.
  14. This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement. No variation of or addition to this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of the Parties. Neither party to this Agreement has given any warranty or made any representation to the other party, other than any warranty or representation which may be expressly set out in this Agreement.
Please accept these pro bono surrogacy terms and conditions by completing the form below.

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