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South African Surrogacy Attorneys

While South African surrogacy laws do not discriminate against any persons regardless of their relationship status, race or sexual preference, it is however important to state and recognise that surrogacy agreements are facilitated by South African surrogacy attorneys who understand the process and requirements of surrogate agreements.

The Children’s Act (38 of 2005) outlines the legal requirements and details regarding surrogacy in South Africa. The legislation protects the rights of the unborn child as it outlines the responsibilities of the intended parents and surrogate mother. South African surrogacy attorneys should be very familiar with this Act.

South African surrogacy attorneys will assist both the intending parents and surrogate mother with the surrogacy agreement:

  • A surrogacy agreement must be drawn up by a South African surrogacy attorney.
  • Both intended parents, the surrogate mother and her partner/husband must sign the agreement.
  • The surrogacy agreement with supporting documentation must be presented to the High court by appropriately commissioned South African surrogacy attorneys, for the granting of a High court order stating that the surrogacy may proceed.

There are many professional and experienced surrogacy agencies in South Africa. Be sure to do your homework before you decide which agency you would like to work with. The same goes for South African surrogacy attorneys.

You should feel relaxed and comfortable with your decision. Most agencies would be able to supply you with contact details for South African surrogacy attorneys.

Any child born of a surrogate mother in accordance with a valid surrogacy agreement is for all purposes the child of the commissioning parent or parents from the moment of its birth. Conversely, a child born as a result of an invalid agreement will be deemed to be the child of the woman that gave birth to that child.

That is why it is so important to consult with experienced South African surrogacy attorneys when detailing the very important surrogacy agreement.

Surrogacy Lawyers In South Africa

A surrogate mother is a woman who bears a child on behalf of another woman, either from her own egg fertilised by the other woman’s partner, or from the implantation in her womb of a fertilised egg from the other woman. An intending parent is a person who enters into a surrogate motherhood agreement with a surrogate mother. Surrogacy lawyers in South Africa can assist both the surrogate mother and the intending parent with legal issues.

The new Children’s Act makes provision for a formal agreement between the surrogate mother and the intending parent. The agreement can be drawn up by surrogacy lawyers in South Africa and it must be confirmed by the High Court of South Africa. Various requirements are set out for the validity of such an agreement.

Surrogacy lawyers in South Africa will be able to supply the legal requirements for surrogacy, such as:

  • One or both intending parents must be domiciled in South Africa.
  • A surrogacy contract must be ratified as part of the surrogacy agreement.
  • The gametes of at least one of the intending parents must be used in the conception.
  • The surrogate mother may not profit from the surrogacy arrangement.
  • The surrogate mother must have at least one living child.
  • The surrogate mother must be domiciled in South Africa.
  • A medical reason must exist for the intending parents to proceed by way of the surrogacy route.
  • A court order relinquishing parental rights and responsibilities from the surrogate must be obtained before embryos are transferred into the surrogate.

Steps intending parents should follow:

  • Find a surrogate mother that understand the Children’s Act and is willing to surrogate for you.
  • Consult with a fertility specialist to progress the IVF for you.
  • Consult with experienced surrogacy lawyers; they can assist you with the very important surrogacy agreement.

For more information on surrogacy agreements or if you would like to consult with surrogacy lawyers in South Africa, please contact Adele van der Walt Incorporated.