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Pre Birth Custody Agreement Template for Nigeria

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Key Requirements PROMPT example:

Pre Birth Custody Agreement

"I need a Pre-Birth Custody Agreement under Nigerian law for a surrogacy arrangement where I will be the sole custodial parent, with the surrogate mother retaining specific visitation rights after birth; the agreement needs to be in place before March 2025."

Document background
A Pre-Birth Custody Agreement is essential in situations where parties wish to establish clear custody arrangements and parental rights before a child's birth in Nigeria. This document is particularly relevant in cases involving planned surrogacy, adoption arrangements, or situations where biological parents are establishing custody terms prior to birth. The agreement must navigate Nigeria's unique legal landscape, which includes consideration of federal laws, state customary laws, and in some regions, Islamic law. While Nigerian law doesn't specifically regulate pre-birth agreements, these documents are structured to comply with existing family law frameworks, including the Child's Rights Act 2003. The agreement typically covers crucial elements such as medical decision-making authority during pregnancy, financial responsibilities, post-birth custody arrangements, and dispute resolution mechanisms. It's important to note that while these agreements demonstrate the parties' intentions, their enforcement may be subject to court review to ensure alignment with the best interests of the child once born.
Suggested Sections

1. Parties: Identification and details of all parties involved in the agreement, including the biological mother, intended custodial parent(s), and any other relevant parties

2. Background: Context of the agreement, including the circumstances leading to the pre-birth custody arrangement and the parties' relationships

3. Definitions: Clear definitions of key terms used throughout the agreement to ensure common understanding and prevent ambiguity

4. Purpose and Intent: Clear statement of the agreement's purpose and the parties' intentions regarding custody arrangements

5. Rights and Responsibilities During Pregnancy: Detailed outline of parties' rights and responsibilities during the pregnancy period, including medical decisions and access to medical information

6. Post-Birth Custody Arrangements: Specific terms of custody arrangement to take effect immediately after birth

7. Medical Decision-Making Authority: Assignment of authority for medical decisions regarding the child before and after birth

8. Financial Responsibilities: Allocation of financial responsibilities for medical expenses, pregnancy-related costs, and child support

9. Birth Registration and Documentation: Agreement on how the child will be registered and documented after birth

10. Dispute Resolution: Process for resolving any disputes that may arise regarding the agreement

11. Governing Law: Specification that Nigerian law governs the agreement and relevant jurisdictional matters

12. Amendment and Termination: Conditions and procedures for modifying or terminating the agreement

13. Execution: Formal execution clause including signature requirements and witness provisions

Optional Sections

1. Religious and Cultural Considerations: Additional provisions regarding religious upbringing or cultural practices, particularly relevant if parties have specific religious or cultural requirements

2. Visitation Rights: Detailed visitation arrangements for non-custodial parties, if applicable

3. International Travel Provisions: Specific provisions regarding international travel with the child, necessary if any party resides abroad or frequent international travel is anticipated

4. Emergency Provisions: Special provisions for emergency situations affecting custody arrangements

5. Educational Decisions: Framework for making decisions about the child's education, if parties wish to establish this in advance

6. Extended Family Rights: Provisions regarding the rights and involvement of extended family members, particularly relevant in Nigerian cultural context

7. Inheritance Rights: Specific provisions regarding inheritance rights and property matters, if parties wish to address these

8. Communication Protocol: Detailed protocol for communication between parties regarding the child

Suggested Schedules

1. Schedule A - Medical Information: Detailed medical information including relevant medical history, healthcare providers, and emergency contacts

2. Schedule B - Financial Schedule: Detailed breakdown of financial responsibilities and payment arrangements

3. Schedule C - Contact Information: Complete contact information for all parties and relevant third parties

4. Schedule D - Custody Calendar: Detailed calendar of custody arrangements and important dates

5. Appendix 1 - Required Legal Documents: Copies of relevant legal documents including identification documents and medical records

6. Appendix 2 - Consent Forms: Required medical and legal consent forms

7. Appendix 3 - Healthcare Authorizations: Medical authorization forms and healthcare power of attorney documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Legal Services

Healthcare

Social Services

Family Services

Child Protection

Religious Organizations

Public Administration

Medical Services

Counseling Services

Relevant Teams

Legal

Social Services

Healthcare Administration

Family Services

Documentation

Compliance

Client Relations

Mediation

Cultural Affairs

Risk Management

Relevant Roles

Family Law Attorney

Legal Counsel

Social Worker

Healthcare Administrator

Medical Doctor

Obstetrician

Family Court Judge

Legal Administrator

Paralegal

Child Protection Officer

Family Services Coordinator

Religious Affairs Officer

Cultural Liaison Officer

Legal Documentation Specialist

Family Mediator

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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