Expert Advice on Surrogacy
Why You Need Expert Advice on Surrogacy in South Africa
It is necessary to seek expert advice on surrogacy before commencing with the search for a suitable surrogate in South Africa. For one, it is illegal to advertise the need for a surrogate mother, since surrogacy is only allowed for altruistic reasons. This means that the surrogate or a facilitator may not commercially benefit from the surrogate agreement.
To fully understand the various aspects of such an arrangement and the legal pitfalls to avoid, you should seek expert advice on surrogacy. As commissioning parent(s), you are responsible for all the costs associated with the surrogacy. You can compensate the surrogate mother for the medical costs such as visits to the doctor, assessments, tests, treatments, and hospitalisation. You can also compensate the surrogate for loss of income if she is unable to work for a period or during the maternity leave.
The High Court must be satisfied that the surrogate is not going through the process for money. If the surrogate lives in a one-bedroom apartment with two kids and only receives a meagre income, it would hardly be possible to argue that she is doing it for altruistic reasons. The High Court must be satisfied that she understands the agreement, process and implications. She must also be healthy, able to carry and give birth to the child, and must have the financial and family support to ensure her wellbeing during the surrogacy.
In addition, as commissioning parent(s), you must be financially strong enough to carry the legal costs, IVF process, all the assessments, and the medical costs. You must also be emotionally and mentally stable and the Court must be satisfied that the child will be cared for.
Various other aspects must be considered, which is why it is recommended that you seek expert advice on surrogacy. You must consider questions like the timeframe in which the surrogacy must take place, when you can commence with the IVF process, what is needed for the Court confirmation of the surrogacy agreement, and what are the rights of the surrogate regarding termination of pregnancy.
All the legal requirements must be met, including confirmation of the surrogacy agreement, a valid contract in place, and more. There must, for instance, be a genetic link between at least one of the commissioning parents and the child. At least one of the commissioning parents must reside in South Africa at the time of signing the agreement.
You must have proof that you are unable to conceive, carry and give birth to a living child of your own. Many such factors must be considered and compliance with the law ensured.
Before you thus even consider surrogacy, speak to a professional, such our team at Adele van der Walt Incorporated, to ensure that you are well prepared and understand how it works in South Africa.
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.