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Pre Birth Custody Agreement for the United Kingdom

Pre Birth Custody Agreement Template for England and Wales

A Pre-Birth Custody Agreement is a document that outlines the intended arrangements for the care and custody of a child before birth. While not legally binding under England and Wales law, it serves as a framework for understanding between the parties involved and can help establish intentions for future legal arrangements. The document typically covers custody arrangements, parental responsibilities, medical decisions, and financial provisions. It's important to note that any formal custody arrangements can only be legally established after the child's birth.

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What is a Pre Birth Custody Agreement?

Pre Birth Custody Agreements are utilized when parties wish to document their intentions regarding the care and custody of an unborn child. While not legally enforceable in England and Wales, these agreements serve as important planning tools and can help prevent future disputes. The document typically includes provisions for custody arrangements, decision-making authority, financial responsibilities, and medical care during pregnancy. These agreements are particularly relevant in cases involving separate parents, surrogacy arrangements, or assisted reproduction, though any arrangements made can only be legally formalized after the child's birth.

What sections should be included in a Pre Birth Custody Agreement?

1. Parties: Identification and details of the potential parents

2. Background: Context of the agreement and current circumstances

3. Definitions: Key terms used throughout the agreement

4. Custody Arrangements: Proposed primary residence and care arrangements

5. Parental Responsibility: Intended distribution of parental rights and responsibilities

6. Medical Decisions: Agreement regarding pre and post-natal medical care

7. Non-Binding Nature: Acknowledgment that the agreement is not legally enforceable

What sections are optional to include in a Pre Birth Custody Agreement?

1. International Travel: Terms for international travel with child - use when parties reside in different countries or frequent international travel is anticipated

2. Religious Upbringing: Agreement on religious education and practices - use when parties have strong religious beliefs or different faiths

3. Financial Provisions: Intended financial arrangements for child support - use when parties wish to document intended financial responsibilities

4. Assisted Reproduction: Specific terms related to assisted reproduction - use when pregnancy involves assisted reproductive technology

What schedules should be included in a Pre Birth Custody Agreement?

1. Schedule of Contact: Detailed proposed visitation and contact arrangements

2. Medical History: Relevant medical information from both parties

3. Financial Schedule: Detailed breakdown of intended financial arrangements

4. Communication Protocol: Agreed methods and timing of communication between parties

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Custody Agreement

Cost

Free to use
Relevant legal definitions






















Clauses
























Industries

Children Act 1989: Primary legislation governing child arrangements in England and Wales. Establishes the paramount principle of child welfare, defines parental responsibility, and sets out court powers regarding children's arrangements.

Human Fertilisation and Embryology Act 2008: Legislation governing assisted reproduction cases and determination of legal parenthood in specific circumstances. Essential for pre-birth agreements involving assisted reproductive technology.

Family Law Reform Act 1969: Legislation relevant for establishing paternity and parental rights. Important for pre-birth agreements where paternity may need to be legally established.

Adoption and Children Act 2002: Legislation governing adoption procedures and rights. Relevant if the pre-birth agreement contemplates potential adoption arrangements.

Child Abduction Act 1984: Legislation protecting against child abduction and unauthorized removal from jurisdiction. Important for pre-birth agreements with international elements or potential cross-border implications.

Legal Status of Pre-Birth Agreements: Pre-birth custody agreements are not legally binding in England and Wales. Courts will treat them as advisory rather than enforceable documents, and any arrangements can only be legally formalized after birth.

Best Interests Principle: Fundamental legal principle stating that the child's best interests must always take precedence over any pre-existing agreements or arrangements between parents or other parties.

Teams

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