Adoption Law Advice
South African Adoption Laws and Surrogacy Agreements.
When the Children’s Act 38 of 2005 was promulgated on the 1st of April 2010 it affected a number of issues, one of which was surrogacy agreements that were influenced by the South African adoption laws. Up and until the time the Act was published there wasn’t legislation that exclusively dealt with the matter of surrogacy, and as a result commissioning couples had to adopt their baby after birth in order to become legal parents of the child. This created a cause for concern because it allowed the possibility of the surrogate mother and her husband or partner to refuse to give their permission for the adoption.
With the Children’s Act 38 of 2005 now in place adoption laws plays no role within the surrogacy procedures unless the surrogate mother’s gametes were used for the conception of the child. When this is the case it leaves a window of sixty days after birth wherein the surrogate mother can terminate the surrogacy agreement by filling a written notice with the court. The commissioning parents would therefore have to apply for adoption if they are to be the legal parents of the child as the Republic will not allow any rights of parenthood over the child otherwise.
It can be concluded that surrogacy agreements are a complex matter and it would therefore be advised that you seek the assistance of a specialised attorney. Contact Adele van der Walt Attorneys if you require assistance or information on surrogacy agreements/arrangements or the adoption laws of South Africa.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
