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Finding a Surrogate

Get Professional Help in Finding a Surrogate and to Apply for Confirmation of the Agreement

Finding a surrogate in South Africa need not be a difficult process. First approach family members or friends. The next option is to contact a local fertility clinic where they have a database of suitable candidates. They already have pre-screening processes in place and they also have egg donors.

Note that you cannot go to another country for finding a surrogate since surrogacy is only allowed for altruistic reasons in South Africa. The surrogate must be resident in the country at the time of signing the agreement and she must have given birth to a living child of her own before, must have at least one living child, and must have the written consent of her partner. She must be of child bearing age, willing to do so for no financial compensation other than for the expenses directly related to the surrogacy, and must also be physically, emotionally, and mentally stable. Lastly, the surrogate mother must have an adequate support structure.

Fortunately, the fertility clinics, surrogacy advocacy groups and surrogate attorneys in the country can assist you in the process of finding a surrogate and doing the court application for confirmation of the surrogacy agreement. Keep in mind that you, as the commissioning couple, will also have to meet specific legal requirements, including the following:

  • Being medically unfit to conceive or carry the baby to birth, and to give birth to a living child, which must be permanent and irreversible.
  • Emotionally and mentally stable.
  • At least one of the commissioning parents must provide the gametes for the IVF process. As such, either you or your partner must be genetically linked to the child.
  • At least one of you must be resident in South Africa at the time of signing the agreement.
  • You will also have to undergo psychological and medical assessments.

The court will review your motivation for having to make use of the services of a surrogate and will look at factors such as the environment in which the child will be raised, your ability to pay for the surrogacy process, and whether you will make suitable parents.

The IVF process cannot begin unless the court has confirmed the surrogacy. It is therefore essential to make use of the legal guidance and services of an experienced surrogacy law attorney to help you through the process to ensure full compliance with all the legal requirements.

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.