Legal Arrangements for Surrogate Motherhood
The importance of having legal arrangements for surrogate motherhood
It’s one of most heart wrenching things of our times – the couple who would really like to have a baby, simply cannot conceive. Before you are in this situation you will never fully understand the sheer desperation childless couples experience. While some couples will take this news in their stride and decide to live without children, others will spend thousands of rand in an effort to fall pregnant. However, if you are clinically infertile, nothing will help you to fall pregnant alternatively some patients may not fall pregnant for medical reasons. The last resort for these couples is surrogate motherhood. However, the legal arrangements for surrogate motherhood must be approached with extreme diligence and care so as to protect the interests of both the commissioning parents and the biological mother.
The legal arrangements for surrogate motherhood can include a number of aspects, from whether the surrogate mother’s egg will be used or that of a donor. A contract detailing the legal arrangements for surrogate motherhood will therefore go a long way to ensure both parties benefit and comply with the Children’s Act 38 of 2005.
In terms of legislation couples may not ‘pay’ a surrogate to carry a child for them. Couples are however required to pay all medical expenses for the surrogate as well as any loss of income due to being unable to work etc.
If you would like more information about legal arrangements for surrogate motherhood, contact Adele van der Walt Attorneys. With our vast experience in the medical field, we are expertly placed to provide you with the best service and advice.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
