Laws of Surrogacy in South Africa
Before Your Commence with Surrogacy
Understanding the laws of surrogacy in South Africa is vital if you wish to commission a surrogacy in the country. For this reason, it is recommended that you first speak to an attorney that knows the laws pertaining to surrogacy in the country before commencing with any steps towards fulfilling your dream of having a genetically linked child of your own.
There is no way to bypass the laws in South Africa when it comes to commercial benefit from surrogacy. The surrogate may only be compensated for costs directly related to the surrogacy. To this end, the Court must be satisfied that the surrogate does not need to become a surrogate in order to financially gain from such. A person living in an informal settlement and whose income is barely enough to ensure that she can take care of her own family, will not qualify as surrogate, unless she has sufficient family and financial support.
The lawyers involved in bringing the surrogacy application to the High Court are entitled to compensation. The fertility clinic can be compensated for the IVF process and medical assessments, but not for introducing the commissioning parents to the surrogate. It is also illegal to advertise the need for a surrogate in the newspaper.
Where to Find a Surrogate in South Africa
As the laws of surrogacy in South Africa state that the surrogate must reside in the country at the time of signing the surrogate agreement, it is not possible to make use of an overseas surrogate. At least one of the commissioning parents must also reside in the country at the time of signing the agreement. To find a suitable surrogate, you can go to one of the reputable fertility clinics in the country or approach an attorney experienced in the laws of surrogacy in South Africa. The attorney will explain the correct procedures to follow and will be able to assist in drafting the agreement.
Before the Agreement
Even before the agreement can be confirmed by the High Court, all parties to it must meet specific requirements, and must thus have completed the various assessments to determine whether they qualify for surrogacy.
Speak to an attorney that understands the various laws of surrogacy in South Africa to help you avoid costly pitfalls, to assist with the drafting the agreement, to ensure legal requirements are met, and to handle the High Court application.
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.