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Agreement on the surrogate's health conduct (e.g. diet, travel, dangerous activities) Specification of the intended parents' level of involvement in medical decisions. Written resolutions for potential risks, liabilities, and conflicts. Insurance information for the intended parents, the child, and the surrogate.
In general, every surrogacy contract should cover the following elements: Finances, including the surrogate's base compensation, as well as additional compensation the surrogate may receive for invasive procedures, carrying multiples, going on bedrest, etc. The risks and liability associated with the pregnancy.
As per the ART Bill 2008, the intended parents and surrogate mother are required to 'enter into a surrogacy agreement which shall be legally enforceable', and the surrogate mother is required to relinquish all parental rights over the child.
In India commercial surrogacy is banned but not illegal. Since 2002 Commercial surrogacy is legal in India. In 2005 Indian Council for Medical Research (ICMR) gave first guidelines for delegation, supervision and regulation of ART clinics.