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Becoming a Surrogate Mother in South Africa

Important Aspects of the Agreement

The surrogate agreement is an essential step in becoming a surrogate mother in South Africa. It must be signed by all parties involved and must meet all the requirements for a legally binding contract. Prior to the submission of the agreement, you will need to undergo various assessments to determine whether you meet the requirements for becoming a surrogate mother in South Africa. The surrogacy agreement is drafted and then the screenings follow. The results of the assessments are submitted along with the surrogacy agreement for confirmation by the High Court. Once confirmed, the IVF process can commence.

What Must the Agreement Include?

Becoming a surrogate mother in South Africa is an altruistic act. There are costs involved, however, which the commissioning parents must pay. It is essential to stipulate the costs for which compensation will be given and how such will be given.

The agreement must include details regarding support of your family or your partner during the process, medical cover or insurance for the relevant period, what transport will be provided to and from the appointments, and whether one or both of the commissioning parents will attend the scans and assessments.

The agreement should also stipulate the contact frequency with the commissioning parents, you will have contact with the child after the birth, and whether termination of pregnancy must be allowed for one of the fertilised embryos in the case of a multiple pregnancy.

It should furthermore provide details regarding:

  • what type of birthing process is preferred or allowed;
  • who is to attend the birth;
  • who is to hold the baby first;
  • the nature of the surrogacy relationship;
  • the total number of IVF attempts and what period must be allowed for between such attempts; and
  • steps to follow should the pregnancy not proceed.

Moreover, it is important to stipulate your right to terminate the pregnanc. Although the commissioning couple may not want to consider the possibility, it is also essential to stipulate what is to happen should one or both the commissioning parents pass away or if the commissioning couple were to divorce during the surrogacy.

Many other factors must be considered and stipulated in the agreement. It is thus essential to seek legal guidance for becoming a surrogate mother in South Africa. Contact Adele van der Walt Incorporated for more details.

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 Incorporated before relying on this information to make any legal decisions.