Surrogacy Law Issues
Surrogacy Law Issues You Need To Know About.
The Children’s Act 38 of 2005, Chapter 19, specifically deals with surrogacy law issues. Before commencing into a surrogacy agreement/arrangement it is of the utmost importance that you seek the specialist advice of an attorney such as Adele van der Walt Attorneys Incorporated. With their extensive, in-depth knowledge and experience of this matter they will be able to relate to you the complexities of such an agreement.
One of the biggest surrogacy law issues that have come forward since the publishing of this Act on the 1st of April 2010, is that the in-vitro fertilisation process may not begin up and until the agreement has been confirmed by the South African High Court. This requires that the agreement be in writing and signed by all parties involved, namely the commissioning parents, surrogate mother and her husband or partner. In order for the High Court to consent to the agreement it will be required for at least one of the intended parents as well as the surrogate mother and her husband or partner to be domiciled in the Republic.
While there are many factors at hand when entering a surrogacy agreement another aspect that plays a major role with surrogacy law issues is the genetic origin of the child. According to the Children’s Act 38 of 2005 no surrogate motherhood agreement will be valid unless the child is conceived by using the gametes of the commissioning parents and or a donor gamete. The only time it will be accepted that the gametes of only one parent be used would be if the commissioning parent is a single person or if one parent’s gametes cannot be used due to biological, medical or another valid reason.
Contact Adele van der Walt Attorneys if you are planning to enter into a surrogacy motherhood agreement. Their expertise in this field will ensure that you fully comprehend any surrogacy law issues there might be to ensure that your experience is the joyful one 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
