More Articles

Surrogacy Law Experts

Surrogacy Law – Why You Need the Help of Experts

Though the Internet is full of articles on how to become a surrogate and news about single parents commissioning the services of surrogate mothers, the process is complex. As such, you need help from surrogacy law experts on legal aspects, such as the requirements and pitfalls to avoid.

It is, for one, illegal to advertise your need for the services of a surrogate mother in South Africa. As someone who plans on becoming a surrogate, you can also not advertise your services. As law experts can explain, Section 19 of the Children’s Act No. 38 of 2005 prohibits surrogacy for commercial gain in the country.

Does it mean that the surrogate cannot be compensated for medical expenses or loss of earnings? Fortunately, not. The law makes provision for the payment of legal, medical, and other expenses, such as medical, legal, insurance, and loss of earnings. However, all costs to be covered must be stipulated in the agreement between the parties. This agreement must be confirmed by a High Court of the country before IVF treatments can commence.

As surrogacy law experts can further explain, should the parties to the agreement commence with IVF treatments before the agreement has been approved by the court, then the child born from the surrogacy belongs to the surrogate mother. The commissioning parents lose all parental rights and all the parties involved can face legal prosecution.

The agreement must meet several requirements. For one, the surrogate mother must be a resident in South Africa at the time of signing the agreement. At least one of the commissioning parents must be domiciled in the country at the time of the surrogacy. The surrogate must have given birth to at least one living child before, and must have at least one living child of her own. She needs the written permission of her partner if she wants to become a surrogate. There must be a genetic link between at least one of the commissioning parents and the child. The commissioning couple must be infertile and must have medical proof of such.

The surrogate and the commissioning couple must undergo medical, psychological, and social worker assessments. The court must be satisfied that the commissioning couple are able to financially care for the child. The agreement must cover all the important aspects, like what happens should the commissioning parents divorce before the child is born, how many IVF attempts to allow, what happens if the surrogate wants to terminate the pregnancy, and more. Such issues are best discussed with law experts before signing any agreements.

Seek advice from surrogacy law experts to avoid legal pitfalls. Call Adele van der Walt Incorporated for assistance with the drafting 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 – August 2019.