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Surrogacy Legal Advice

Why Should You Seek Legal Advice Before Entering into a Surrogacy Arrangement?

Surrogacy in South Africa is regulated by the Children’s Act. Though the Act stipulates the legal requirements for surrogacy, it does not stipulate every aspect of such agreements. It is therefore recommended to seek legal advice regarding the terms and conditions that should form part of surrogacy agreements.

Issues that must be discussed and agreed upon regarding the surrogacy include, but are not limited to aspects such as:

  • What costs should the surrogate pay if she decides to terminate the pregnancy?
  • What procedure must be followed should the surrogate want to terminate the pregnancy?
  • What happens if one or both commissioning parents die before the child is born?
  • What happens should the commissioning parent’s divorce before the child is born?
  • What are the conditions regarding the legal steps that must be taken should the commissioning parents decide to withdraw from the surrogacy or not want to take parental responsibilities and guardianship of the child born from the surrogacy?
  • Do the commissioning parents have the right to only agree to take one child born from the surrogacy if more children are born than desired?
  • What happens in the instance where the child suffers injury during the pregnancy period because of the actions or failure of actions by the surrogate mother?
  • What are the financial responsibilities of the commissioning couple regarding the surrogacy?
  • How many attempts can be made should the first IVF attempt not succeed?

Various other important issues must be discussed with an attorney specialising in surrogacy law to avoid costly and emotionally traumatic pitfalls. Getting surrogacy legal advice whether you intend to become a surrogate or want to commission surrogacy is also recommended regarding the minimum legal requirements for surrogacy in South Africa.

For one, it may not be clear at the outset, which costs can or should be covered by the commissioning couple and how such are payable. It may also not be clear how you can find a suitable surrogate. It is, for example, illegal to advertise the need for a surrogate or to advertise the willingness to be a surrogate for commercial gain.

Get legal advice to ensure that you comply with the legal requirements and structure the agreement to be in the best interest of the child. You will also benefit from surrogacy legal advice regarding the agreement and the confirmation thereof by the High Court of South Africa.

For more information regarding surrogacy agreements, contact Adele van der Walt Incorporated today.


Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.