American Contract Law for a Global Age, 2017a

SURROGATE PARENTING AGREEMENT
THIS AGREEMENT is made this 6th day of February,
1985, by and between MARY BETH WHITEHEAD, a
married woman (herein referred to as “Surrogate”),
RICHARD WHITEHEAD, her husband (herein referred
to as “Husband”), and WILLIAM STERN, (herein
referred to as “Natural Father”).
The first paragraph in a contract
is its preamble. Parties to a
contract are usually identified in
its preamble.
RECITALS
THIS AGREEMENT is made with reference to the
following facts:
(1) WILLIAM STERN, Natural Father, is an
individual over the age of eighteen (18) years who is
desirous of entering into this Agreement.
(2) The sole purpose of this Agreement is to enable WILLIAM STERN and his
infertile wife to have a child which is biologically related to WILLIAM STERN.
(3) MARY BETH WHITEHEAD, Surrogate, and RICHARD WHITEHEAD, her
husband, are over the age of eighteen (18) years and desirous of entering into this
Agreement in consideration of the following:
NOW THEREFORE, in consideration of the
mutual promises contained herein and the intentions of
being legally bound hereby, the parties agree as follows:
1. MARY BETH WHITEHEAD, Surrogate,
represents that she is capable of conceiving children. MARY BETH WHITEHEAD
understands and agrees that in the best interest of the child, she will not form or
attempt to form a parent-child relationship with any child or children she may
conceive, carry to term and give birth to, pursuant to the provisions of this
Agreement, and shall freely surrender custody to
WILLIAM STERN, Natural Father, immediately upon
birth of the child; and terminate all parental rights to
said child pursuant to this Agreement.
2. MARY BETH WHITEHEAD, Surrogate, and
RICHARD WHITEHEAD, her husband, have been
married since 12/2/73, and RICHARD WHITEHEAD is
in agreement with the purposes, intents and provisions
Like most contractual recitals, the
three recitals in this section don’t
state any functional terms of
agreement. Recitals generally
provide the background factual
context for a contract. Why are they
here if they don’t contain
operational provisions that bind the
parties?
This paragraph contains the words
of agreement (here, “the parties
agree as follows”), so we should
expect the actual, operative terms
to follow after this paragraph.
Detailed written contracts often
include the central promises of a
deal for each party in the first few
paragraphs after the words of
agreement. These are sometimes
known as subject-matter
performance provisions. These
“core” provisions for this agreement
are contained in paragraphs 1-4.
of this Agreement and acknowledges that his wife, MARY BETH WHITEHEAD,
Surrogate, shall be artificially inseminated pursuant to the provisions of this
Agreement. RICHARD WHITEHEAD agrees that in the best interest of the child, he
will not form or attempt to form a parent-child relationship with any child or children
MARY BETH WHITEHEAD, Surrogate, may conceive by artificial insemination as
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UNIT 1: THINKING LIKE A TRANSACTIONAL LAWYER 5