More Articles

Lawyers that Specialise in Surrogacy

Why You Need Help from Lawyers who Specialise in Surrogacy in South Africa

The legal requirements for surrogacy in South Africa are covered in the Children’s Act of 2005. Although Section 29 might seem straightforward, the issue is not so much what is stipulated. Rather, it is what is not specifically addressed that causes confusion among commissioning parents and aspiring surrogates.

Lawyers that Specialise in Surrogacy

With the new Health Act also in the pipeline, commissioning parents and aspiring surrogates cannot rely solely on what they have read in the Children’s Act of 2005. It is imperative to seek legal guidance before taking any steps, also related to IVF treatments. Attorneys, who specialise in surrogacy in South Africa, have experience in the interpretation of the law, have dealt with numerous High Court applications for confirmation of surrogate motherhood agreements, and are familiar with court rulings.

Issues that couples may overlook range from the timeframe in which IVF and surrogacy must take place from the date that the agreement is signed to factors like the costs to be covered. There are several other considerations involved that attorneys specialising in surrogacy matters in South Africa can offer guidance with:

Which travel costs should be covered?

  • Can or must commissioning parents pay for the surrogate mother’s maternity wear?
  • What can be done if the surrogate decides to terminate the pregnancy for reasons other than medical?
  • Can the commissioning parents decide to only take parental responsibility for a single child if twins are born and the one child is physically or mentally handicapped?
  • What happens when the surrogate mother passes away during the birthing of the child? Does her family have a right to compensation from the commissioning parents?
  • For how long must the surrogate have been a resident in South Africa before the surrogacy?
  • For how long must at least one of the commissioning parents be domiciled in the country before they can sign and apply for confirmation of a surrogate motherhood agreement?
  • Is it possible to have a close family member be the surrogate and what are the parental or contact implications of such an agreement?
  • What happens to the child if both the commissioning parents pass away before the child is born?

These are only a few of the questions that need to be answered. Many more concerns surround surrogate motherhood agreements in the country, best discussed with experienced lawyers who specialise in surrogacy in South Africa.  View the FAQ section for answers to your questions.

Schedule an appointment with Adele van der Walt Incorporated for legal guidance, help with fertility and surrogate motherhood agreements, court applications and dispute resolution related to surrogate motherhood contracts in the country. Visit Adele van der Walt Incorporated at Lord Charles Office Park, Block B, Ground Floor, 337 Brooklyn Road, Pretoria. Call +27 (0) 12 460 3668 or reach out here to schedule an appointment.

Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein.