Terms and Conditions of baby2mom Egg Donation and Surrogacy Agency

  1. A mandate is hereby given by the client to baby2mom Egg donation and Surrogacy (baby2mom) for services inter alia relating to the reservation of an egg donor and/or a surrogate and/or a sperm donor 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 payment of the fee invoiced. The mandate will cease once the obligations of baby2mom have been completed namely the procurement of egg donation and/or a surrogate and/or sperm donor. baby2mom does not guarantee that the third party's availability for fertility treatment will result in a pregnancy.
  3. baby2mom is entitled to charge a reasonable fee for such service and which fee will be invoiced and payable in advance. Such fee once payable will be accepted as a reasonable fee and is non-refundable. The client shall further on demand be obliged to provide baby2mom with the required FICA documentation in order to complete the mandate and instruction.
  4. baby2mom Egg Donation Program/Egg Donation Programme and Payment To Reserve an Egg Donor
    If a client elects to go on to a waiting list for donor eggs, an admin fee is payable to manage the waiting list. This is a non-refundable amount.
  5. Selection of an egg donor from the egg donor profiles - payment of non-refundable reserving amount as indicated. This payment is made to reserve the selected egg donor until final medical screening.
  6. Once the egg donor has completed all medical screening and confirms her eagerness to proceed, the final payment is due within three working days.
  7. Should the initial requested egg donor not be medically confirmed, the payment made to reserve her will go towards reserving another egg donor.
  8. Should the egg donor be available immediately, the full payment is required within three working days.
  9. Should the client request the assistance of another egg donor or the same egg donor again, a fee is payable again for reserving the initial egg donor and withholding her donor eggs to another egg donation client.
  10. If payment is not received within requested time, the egg donor will be made available to other clients.
  11. Should the reserved egg donor no longer be available after payment has been made for her to avail herself on the egg donor program/egg donor programme, baby2mom will provide another suitable egg donor to proceed with the egg donation program/egg donation programme.
  12. Should the intended client decide not to proceed for personal reasons, any payment made will not be refunded.
  13. Should the egg donation client elect to change reserved egg donor, half the full fee is payable in addition to the fee already paid to accommodate changes.
  14. The payment made to reserve an egg donor is for the egg donor to avail herself for the egg donation process for one egg donation program/egg donation programme/egg donation cycle.
  15. Although extensive psychological and medical screening is undertaken on all egg donors prior to proceeding with any egg donation programme/egg donation program, all fees are payable again to proceed for another egg donation cycle in the unfortunate event of no conception or failed cycle, including but not limited to any of the following:
    • No eggs being retrieved because the egg donor has not responded to the stimulation
    • Inferior eggs retrieved
    • Eggs do not fertilise
    • Fertilised eggs do not grow further or fail to implant
    • Miscarriage
    • Pregnancy problems.
  16. All egg donors are to be screened through the baby2mom egg donor screening process and egg donation IVF treatment through reputable fertility clinics.
  17. Fertility treatments are to take place within a maximum of three months of the egg donor having been reserved.
  18. Egg donation in South Africa is anonymous and confidential.
  19. baby2mom Surrogacy Programme/Surrogacy Program and Payment To Reserve a Surrogate
    If a client elects to go on to a waiting list for a suitable surrogate, an admin fee is payable to manage the waiting list. This is a non-refundable amount.
  20. Payment of an initial non-refundable amount to start referring a potential surrogate to an intended parent. baby2mom does not guarantee that surrogates are suitable and committed to the surrogacy program until they have been extensively medically and psychologically screened. Surrogacy referrals are one at a time. The outstanding fee is payable within three days of the surrogate having had her medical and psychological screening and the screening confirming that the woman is a suitable prospective surrogate. baby2mom is not responsible for a surrogate deciding not to proceed after having undergone necessary screening.
  21. Even if a surrogate has had her full medical and psychological screening for a previous intended parent, a new psychological assessment will be required for her relationship with the new intended parent.
  22. The payment made is to reserve a surrogate for an intended parent to avail herself for fertility treatment. If the same surrogate avails herself for a specific intending parent for more tham one fertility attempt, half of the full fee is payable again if the surrogate proceeds with the fourth attempt. baby2mom does not guarantee how many times a surrogate will be available.
  23. In the unfortunate event of a negative pregnancy test or failed cycle, the intended parent is to advise within one month whether they will be proceeding with the same surrogate.
  24. Should the client request the assistance of another surrogate, the initial fee is payable again as admin fee to start referring surrogates to commissioning parents one at a time). The final remaining payment is due with three days of the surrogate having completed her medical and psychological screening.
  25. baby2mom does not guarantee the number of IVF/fertility treatment for which a surrogate will avail herself.
  26. Should the intended client decide not to proceed for personal reasons, payments will not be refunded.
  27. Should the commissioning parent elect to change confirmed surrogate, the same initial fee is payable to accommodate the changes and assist with a new surrogate.
  28. Although extensive psychological and medical screening is undertaken on all surrogates prior to proceeding with any IVF treatment, in the unfortunate event of any of the following, baby2mom is not responsible:
    • Breakdown of the relationship between surrogate and intended parent
    • No embryo transfer as a result of embryo issues
    • The surrogate does not agree to proceed with fertility treatment again after the first attempt
    • Fertilised eggs fail to implant
    • Medical problems with the surrogate
    • Miscarriage
    • Pregnancy problems
    • Initial surrogate elects not to proceed with further attempts after failed IVF or surrogacy treatment(s).
  29. All surrogates are to be screened through the baby2mom surrogacy screening process – facilitated through reputable fertility clinics, surrogacy lawyer and surrogacy psychologist. Surrogacy fertility treatment must happen through reputable fertility clinics.
  30. The commissioning parent is responsible for all costs associated with surrogacy – including all the screening costs of the surrogate and surrogacy legalities. If the medical and psychological screening indicate that the surrogate is not suitable, the commissioning parent is still liable for these costs.
  31. Commissioning parents are responsible for ensuring completion of necessary contractual processes through the surrogacy lawyer as guided by baby2mom.
  32. Fertility treatments are to take place within a maximum of three months of the surrogate having been reserved.
  33. baby2mom Sperm Donation Program/Sperm Donation Programme and Payment To Reserve a Sperm Donor
    If a client elects to go on to a waiting list for donor sperm, an admin fee is payable to manage the waiting list. This is a non-refundable amount.
  34. Selection of a confirmed medically and psychologically assessed sperm donor from the sperm donor profiles – payment of reserving amount as indicated.
  35. All payments are required within three working days of a sperm donor having been reserved.
  36. Should the client request the assistance of another sperm donor or the same sperm donor again, a fee is payable again for reserving the initial sperm donor and withholding his sperm straws to another sperm donation client.
  37. If payment is not received within requested time, the donor sperm straws will be made available to other clients.
  38. Should the reserved sperm donor straws no longer be available after payment has been made for reserving such donor sperm straws, baby2mom will provide another suitable sperm donor to proceed.
  39. Should the intended client decide not to proceed for personal reasons, any payment made will not be refunded.
  40. The payment made to reserve a donor sperm straws for one sperm donation program/sperm donation cycle/fertility treatment/ IUI. Although extensive psychological and medical screening is undertaken on all sperm donors prior to proceeding with any egg donation programme, all fees are payable again to proceed for another sperm donation cycle in the unfortunate event of no conception or failed cycle, including but not limited to any of the following:
    • Sperm does not fertilise eggs
    • Fertilised eggs do not grow further or fail to implant
    • Miscarriage
    • Pregnancy problems.
  41. All sperm donors are thoroughly screened through a reputable sperm donor bank.
  42. Sperm donor IVF/IUI treatment will be through reputable fertility clinics.
  43. Limitation of liability and no guarantee
    baby2mom makes no guarantee that via its agency and/or otherwise that any programme/program, procedure, egg donation ivf treatment, surrogacy 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.
  44. 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, egg donation ivf treatment, surrogacy ivf fertility treatment, sperm donor treatment and/or service as stipulated herein was unsuccessful or failed to achieve the desired result.
  45. Obligations of baby2mom
    baby2mom's obligations entail the sourcing of egg donors, suitable surrogates and sperm donors. Once procured, no further obligations except as stated herein will be applicable.
  46. 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.
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(for South Africans only)
 
 
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