Legal Issues For Surrogate Mothers
Surrogacy is a combination of difficult legal and emotional issues. Because pregnancy, childbirth and parenthood are highly emotional issues, surrogacy does not always go according to plan, and a thoroughly detailed contract will help ensure everyone carries out the original intentions of the parties who are involved. Anyone considering surrogacy should consult with a lawyer experienced in matters relating to legal issues for surrogate mothers.
A potential surrogate who strongly values her privacy and doesn’t like to share a lot of intimate details with other people is probably not the best choice of a surrogate. Legal issues for surrogate mothers include agreeing to share her medical records, testing for genetic diseases and sexually transmitted diseases. She will be required to undergo psychological testing and share those results with lawyers and infertile couples.
In some countries, the intended parents may be recognised as the legal parents from birth. Due to the new Children’s Act, South African law mean that South Africa is one of those countries. This is just one of many legal issues for surrogate mothers that play an important role in the whole surrogacy agreement.
Legal issues for surrogate mothers require that the surrogate mother:
- Is not using surrogacy as a source of income
- Has entered into the agreement for altruistic reasons and not for commercial purposes
- Has a documented history of at least one pregnancy and viable delivery
- Has a living child of her own
A clause in the new Children’s Act seeks to discourage ‘wombs for rent’ – a practice where intended parents pay surrogacy mothers large sums of cash to carry their babies.
If you would like to obtain more information regarding surrogacy in South Africa or would like to enquire about the legal issues for surrogate mothers in this country, feel free to contact Adele van der Walt Incorporated for professional and experienced legal advice.
