Adoption Law Advice
Adoption Law Advice for the Surrogacy Process.
When you enter into a surrogacy agreement be well aware that this might be one of the most complex undertakings you are about to experience. Before the Children’s Act 38 of 2005 was put into operation on the 1st of April 2010, there wasn’t any legislation in South Africa that specifically dealt with the matter of surrogacy agreements/arrangements which required that the intended parents seek adoption law advice before commencing with the process. This was due to the fact that there were a number of laws that affected the process, including the Children’s Status Act 82 of 1987 that deemed the mother from which the baby was born to be the legal parent, thus obliging the commissioning couple to legally adopt the child directly after birth if they were to become the legal parents.
Since the Children’s Act 38 of 2005 was put into place this has affected the whole adoption aspect of the surrogacy process. While the commissioning parents once needed to adopt the child after birth to ensure that they become the legal parents, the Children’s Act 38 of 2005 now automatically recognizes the commissioning parents as the legal parents from the moment of birth which means that no adoption process needs to follow. There is however, an exception to the rule when the gamete of the surrogate mother was used for the conception of the child. In cases such as these the surrogate mother has the right to terminate the contract during a sixty day period after birth.
Instances such as these necessitate adoption law advice from a specialised attorney. Contact Adele van der Walt Attorneys if you are need of legal assistance or information with regards to this matter.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
