to the Intended Parent Services Agreement
This International Intended Parent Addendum (the “Addendum”) is entered into and forms part of the Intended Parent Services Agreement (the “Agreement”) between True Match Surrogacy Ltd. (“TMS”) and the Intended Parent(s). This Addendum applies where one or more Intended Parent(s) is not a Canadian citizen or permanent resident, or where the child is intended to reside outside Canada.
1. Purpose and Scope
This Addendum allocates risks and responsibilities associated with international surrogacy arrangements and cross-border parentage, citizenship, and immigration matters. Except as expressly modified by this Addendum, the Agreement remains unchanged and in full force and effect.
2. No Immigration or Citizenship Advice
The Intended Parent(s) acknowledge and agree that:
(a) TMS does not provide immigration, citizenship, nationality, passport, or consular advice or services;
(b) TMS makes no representations or guarantees regarding the citizenship, nationality, or immigration status of any child born through a surrogacy arrangement;
(c) All immigration, citizenship, passport, and travel outcomes are subject to the laws, policies, and practices of Canada and any foreign jurisdiction, which may change without notice.
3. Sole Responsibility of Intended Parent(s)
The Intended Parent(s) are solely responsible, at their own cost and expense, for:
(a) retaining qualified immigration and/or citizenship counsel in Canada and in their home country;
(b) obtaining all necessary travel documents, visas, passports, exit permits, and entry permits for the child;
(c) complying with all requirements of foreign embassies, consulates, and government authorities;
(d) any delays, denials, or additional requirements imposed by immigration or citizenship authorities.
4. Extended Stay in Canada
The Intended Parent(s) acknowledge that:
(a) the child may be required to remain in Canada for an extended or indeterminate period following birth;
(b) all costs associated with such extended stay, including accommodation, childcare, medical care, insurance, and living expenses, are the sole responsibility of the Intended Parent(s);
(c) TMS has no obligation to provide housing, care, supervision, placement, or guardianship for the child.
5. Recognition of Parentage Outside Canada
The Intended Parent(s) acknowledge that:
(a) determinations of parentage made in Canada may not be recognized or given effect in foreign jurisdictions;
(b) TMS makes no representations or warranties regarding recognition of parentage outside Canada;
(c) the Intended Parent(s) assume all risks associated with foreign non-recognition of Canadian parentage determinations.
6. Limitation of Role of TMS
The Intended Parent(s) agree that:
(a) TMS’s role is limited to providing services within Canada as described in the Agreement;
(b) TMS does not coordinate, manage, or oversee foreign legal, immigration, or governmental processes;
(c) any assistance provided by TMS in identifying professionals or sharing general information is non-binding and does not create any duty of care.
7. International Indemnity
To the fullest extent permitted by law, the Intended Parent(s) agree to indemnify and hold harmless TMS, its directors, officers, employees, and representatives from and against any and all claims, proceedings, losses, damages, costs, and expenses arising out of or relating to:
(a) immigration, citizenship, or nationality matters;
(b) recognition or non-recognition of parentage outside Canada;
(c) legal proceedings commenced in any jurisdiction outside Canada;
(d) any failure to obtain travel documentation or permission for the child to leave Canada.
8. Governing Law
This Addendum shall be governed by and construed in accordance with the laws governing the Agreement. In the event of any inconsistency between this Addendum and the Agreement, this Addendum shall prevail solely with respect to international matters.