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Becoming a Surrogate Mother

Assessments Required for Becoming a Surrogate Mother in South Africa

Below we discuss which requirements you must meet if you wish to assist an infertile couple or friend by becoming a surrogate mother in South Africa.

Healthy and of Child Bearing Age

You need to be physically healthy for a becoming a surrogate mother. This means that you should not have any underlying medical conditions that can pose a risk to the baby or to your health should you be pregnant. In this instance, you will need to have a healthy womb and be able to carry the child to birth. You must be able to deliver the child without it posing a serious risk to your health. This also implies that you may not be addicted or use any type of addictive or dangerous medicine, drugs or substances. You will have to undergo medical assessments to determine whether or not you meet the health requirements.

You must be of childbearing age. Although the Children’s Act does not stipulate a particular age, this would optimally mean that you are within the age group of 21 to 35.

You Must Have Given Birth to a Living Child of your Own

Becoming a surrogate in South Africa is an altruistic action. If it is to be your first childbirth, you will be inexperienced and there will not be any history to show that you can, indeed, carry and give birth to a child. As such, it would be a tremendous risk for you, the child, and the commissioning parents.

You Must Have At Least One Living Child of your Own

If you have lost your only child, surrogacy will be an extremely emotional experience and you may find it exceptionally difficult to part with the child.

Your Partner Must Provide a Written Consent to the Surrogacy

If your partner does not want to provide the written consent for becoming a surrogate, the process cannot commence.

You Must Be Emotionally and Mentally Stable

The Court must be satisfied that you know what surrogacy is and understand the terms of the agreement. As such, you will undergo an assessment to determine your mental stability and ability to understand the process of becoming a surrogate. You must also be emotionally stable, because becoming a surrogate may take an emotional toll on you. As such, you will undergo a psychological assessment to determine your psychological state.

You Must Have Sufficient Family and Financial Support

In order for the Court to be satisfied that you are not becoming a surrogate for financial gain, you must be able to prove that you can financially support yourself and that you have adequate family and financial support networks. To this end, you will undergo a social worker assessment.

You Must be a Resident of South Africa

You must have proof of your residency in South Africa at the time of signing the agreement.

Seek legal guidance from Adele van der Walt Incorporated regarding your rights as a surrogate, what the process for becoming a surrogate entail, and how to structure the surrogacy agreement.

Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.