More Articles

Surrogacy Motherhood Legal Information

Important Legal Information on Surrogacy Motherhood in South Africa

If you long to have a child of your own but are unable to conceive or carry a child to birth, then surrogacy motherhood may be a suitable solution. It is, however, of the utmost importance to gather as much information as possible before you take the first step towards commissioning a surrogate if you wish to avoid legal pitfalls. As such, you need to make sure that you find credible surrogacy motherhood legal information. The Children’s Act of 2005 should be your main source of information. If you are concerned about the possible misinterpretation of the information, seek legal guidance from an attorney specialising in surrogacies.

To help you get started, we look at important requirements for such agreements in South Africa.

Genetic Link

Gametes from at least one of the commissioning parents must be used in the IVF process. This means that at least one of the commissioning parents must be genetically linked to the child born from the arrangement.

Altruistic Reasons

Surrogacy motherhood is only allowed for altruistic reasons in South Africa. You cannot advertise your need for a surrogate in the newspapers. To find a suitable candidate, you can approach a friend that meets the requirements or apply for assistance at a reputable infertility clinic in the country.

You cannot compensate the surrogate for her services other than paying for the medical costs, assessments, legal costs, loss of earnings, and expenses directly related to the surrogacy. Do not rely on press or hearsay when it comes to information about allowable compensation, but rather talk to an attorney working with surrogate agreements about the payment of expenses. The agreement must stipulate which costs are carried by the commissioning couple.

Confirmation of the Agreement

The agreement must meet all requirements as outlined in the Children’s Act. The contract must be confirmed, thus approved by the High Court of the country, before you can commence with the IVF process. If you commence with the IVF process prior to approval of the agreement, the surrogate will become the rightful parent of the child. You also risk legal prosecution.

You will first have to undergo medical assessments to confirm infertility. Information gathered by the psychologist, social worker and medical team is used in support of your application to court.

Domicile in South Africa

At the time of signing the agreement, at least one of the commissioning parents must be domicile in South Africa. The agreement must contain information, such the duration of the contract, contact rights of the surrogate and her family, how many IVF treatments, and more.

Contact Adele van der Walt Incorporated for more legal information regarding surrogacy agreements to ensure that you make an informed decision before you commence with the surrogate motherhood.

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 – September 2019.