Surrogacy Agreements
The Importance of Surrogacy Agreements
After a series of disappointments couples usually can’t wait to begin the surrogacy process once they have found the perfect surrogate mother. But there are certain things that needs to be done and agreed upon before entering into such an agreement. Apart from the medical screening that the surrogate mother has to undergo to ensure that she is physically capable, it will also be required that both she and the commissioning parents go for a psychological screening to evaluate both parties’ expectations as well as what will be expected of each party before, during and after the surrogacy. Then comes the surrogacy agreements. By no means should this step be overlooked, even if the surrogate mother is a very close friend or relative.
With surrogacy agreements all the legal expectations of both parties involved will be drawn up. It will stipulate the duties, rights and obligations of the commissioning parents along with what is to be expected of the surrogate mother. Furthermore written consent will be needed should the surrogate mother be married. Even if you feel 100% secure in the arrangement you have with the surrogate mother and feel that no such legal contract is necessary you need to understand that this will be one of the most complex undertakings you are about to begin and the last thing you need is disappointment or disagreement. Thus, if you want to ensure that this experience is as positive as it is suppose to be, be sure not to overlook this aspect of the surrogacy process. According to the Children’s Act 38 of 2005 a Court first have to confirm the Surrogacy agreement before the in-vitro fertilisation can take place.
If you are about to enter into a surrogacy endeavour and require legal guidance please feel free to contact Adele van der Walt Attorneys. Our knowledge and experience of surrogacy agreements will help give you the peace of mind that everything should go according to plan.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
