Surrogate Motherhood Law Issues
Surrogate Motherhood Law Issues
While surrogacy is a wonderful gift to couples and individuals unable to become parents themselves, the legal issues surrounding the process is complicated and it is often the reason while couples choose to remain childless. While it is important to be aware of the fact that surrogate motherhood law issues are complex, it is also imperative to know that there are experienced lawyers who are specialists in this field.
The laws pertaining surrogacy in South Africa falls under the Children’s Act 38 of 2005 and is regulated by the South African Society for Reproductive Medicines and Gynaecological Endoscopy (SASREG).
The law was put in place to regulate the surrogacy process and to protect the rights and well being of all parties involved. That includes any surrogate motherhood law issues regarding the surrogate mother, the intended parents and the unborn child.
Specialist lawyers should be up to date with the latest changes in the law and they should be familiar with any surrogate motherhood law issues so that your questions are answered truthfully and immediately.
Before surrogate In Vitro Fertilisation (IVF) can commence, the intended parents must approach the South African High Court in their jurisdiction with their surrogacy agreement in writing, in order to obtain a court order for the surrogacy. The surrogacy agreement needs to be drawn up in accordance to the above mentioned act. The surrogate motherhood law issues surrounding this court order will result in no adoption process being required and will confirm the child’s intended parents are the parents at birth.
If you would like to enter into a surrogacy agreement – either as the surrogate mother or the intended parents – and you are unsure about the surrogate motherhood law issues surrounding the process, contact us for legal advice supplied by an experienced lawyer in the surrogacy field.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
