Surrogacy for Single Parents
Is Surrogacy for Single Parents in South Africa Allowed?
According to the provisions of the Children’s Act of 2005, surrogacy for single parents in South Africa is allowed for altruistic reasons, provided the gametes of at least one parent are used in the IVF process. This means there must be a genetic link between the single parent and the child born from the surrogacy.
However, what happens if the single parent’s gametes cannot be used in the IVF process? Since the surrogacy process can only proceed once the agreement between the commissioning parent and the surrogate has been confirmed by a High Court of the country, and the court will not provide confirmation if the requirements of the Children’s Act are not met, it means single parents who are infertile cannot make use of surrogacy.
It is also important to understand that the law states that the commissioning parents must be infertile or unable to carry a child to birth. The condition must be irreversible. However, in the case of a male applicant, he can still provide the gametes for the IVF process. Since he cannot normally carry a baby and give birth, he can still make use of surrogacy as a means to parenthood.
What About a Female Commissioning Parent?
In the case of a female, if she has healthy gametes, but is unable to carry and give birth to a child for medical reasons and the condition is irreversible, she can commission a surrogate to carry the child. However, where she is unable to provide the gametes, the situation changes and it is no longer an option for her.
The surrogate may also not receive any compensation for her service other than covering the legal costs, court application, medical expenses, loss of earnings, insurance, travel costs, and assessment fees. The surrogate must be healthy and of childbearing age with at least one living child of her own. If she is in a relationship, she must have the written consent of her partner to become a surrogate.
All parties to the agreement must undergo psychological assessments, in addition to social worker assessments and medical examinations. Commissioning parents may not advertise the need for a surrogate and may not offer any compensation other than allowed by law and stipulated in the agreement.
Where to Get Legal Help?
Call Adele van der Walt Incorporated for legal guidance regarding surrogacy for single parents, assistance with the drafting of the agreement, and the application to the High Court of South Africa for confirmation of the agreement.
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 to make any decisions. The information is relevant to the date of publishing – July 2019.