Surrogacy
A Few Facts To Consider
While the number of couples struggling to fall pregnant is increasing, alternative options have been created thanks to science and technology. One such option is that of surrogacy. As an alternative method for reproduction it requires that a woman agrees to become pregnant and deliver a child to commissioning parents. While this may not be a couples first choice, it does however offer them the opportunity to have a family of their own.
If you had to think about it for a minute you’d have to agree that this could easily be described as one of the most selfless acts any woman could do because for a period of nine months the surrogate mother will carry the child of another. However, as you can very well imagine the surrogacy process may be a complicated endeavour and cases have occurred where the surrogate mother decided to keep the child as her own. To ensure that matters become less complicated it is pivotal that a surrogate agreement be drawn up that will determine the rights, duties and obligations of all the parties involved. In terms of Chapter 19 of the Children’s Act 38 of 2005 a Court has to confirm such an agreement prior to the In-Vitro fertilisation procedure.
Firstly, it will be required that the chosen surrogate mother undertakes a medical screening to ensure that she is well able to act as surrogate mother. This will be followed by a psychological screening for both the surrogate mother and commissioning parents so that each may know what is to be expected before, during and after the surrogacy. Then comes the legal contract.
Under no circumstance should you overlook the importance of a surrogacy contract. Even if you know the surrogate mother very well you should realise that this is one of the most complex undertakings of your life and the potential is there for disappointment or disagreement. Thus, if you are about to enter into a surrogacy arrangement we advise you 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
