Law Issues For Surrogate Mothers
Law Issues For Surrogate Mothers
A surrogate mother is a woman who agrees to carry and give birth to a baby for an otherwise infertile couple or individual. The most common form of surrogacy is gestational surrogacy, whereby the surrogate is impregnated by means of In Vitro Fertilisation. Due to the complexity of the situation, law issues for surrogate mothers are important matters to consider.
There are many medical reasons why people may need a surrogate. Often it is because the intended mother has no uterus, for example the woman has had a hysterectomy or she has an abnormal uterus which prevents her from carrying a baby of her own.
The law issues for surrogate mothers don’t stipulate the gender of the intended parents. There are also many gay couples who long to be parents and have a family of their own. For obvious reasons they are unable to become pregnant and therefore rely on the generosity of a surrogate mother to do it on their behalf.
Important law issues for surrogate mothers to consider:
- You must have had at least one pregnancy and a viable birth
- You must have a living child of your own
- You may not have had more than two caesarean sections
- Law issues for surrogate mothers stipulate that your BMI must be below 35
- You must be between the ages of 21 and 42
- You must be in good physical health
- You must be a South African citizen
As the surrogate mother, you and the intended parents can have as much or as little contact as both parties would choose to have. Law issues for surrogate mothers do not stipulate the amount of contact the two parties may have and therefore it is unlimited.
For more information on law issues for surrogate mothers and expert legal advice regarding the matter, please contact us.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za

