Surrogacy Contracts
The Function of Surrogacy Contracts

If you have been declared clinically infertile it doesn’t necessary have to mean the end of your dreams of having a family to call your own. There are alternative ways to get around this devastating experience, one of which is the reproductive process of surrogacy. With the help of science and technology there can be light in an otherwise dim situation, but before you enter into such an arrangement it is advised that all parties involved, both the surrogate mother and commissioning parents, talk with a specialised attorney about surrogacy contracts. Under no circumstance should you avoid drawing up a contract before entering into the artificial reproductive process as this will be one of the most complex undertakings you are bound to experience.

In terms of the Children’s Act 38 of 2005 a Court needs to confirm the agreement prior to in-vitro fertilisation.

The purpose of surrogacy contracts are to ensure that all parties are fully aware of what is to be expected of them before, during and after the surrogacy. Your attorney will discuss the procedure involved when entering such agreement. It will also be expected that the spouse of the surrogate mother gives his written consent.

Therefore, if you are about to enter into a surrogacy arrangement we suggest that you contact Adele van der Walt Attorneys. Our knowledge and experience of surrogacy contracts will help give you the peace of mind that this may be the positive experience it should be.

For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za

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