Surrogacy Attorney
Seeking the Help of a Surrogacy Attorney
While surrogacy sounds like a rather simple process where you only need to find an appropriate surrogate mother to agree to carry your child for a period of ten months after which she will give birth to your beautiful baby, the truth of the matter is that this is in fact one of the most intricate arrangements one could enter. As such, there is also the very important legal aspect of such an agreement which deems it necessary for you to seek out the help and specialised services of a surrogacy attorney that Adele van der Walt Attorneys can also present you with.
At our practise you can be certain that the surrogacy attorney we provide will have the know-how and experience that will be sure to make this process a much simpler experience. According to the South African legislation no surrogacy process may continue with in-vitro fertilisation until the High Court has officially confirmed and agreed to the surrogate motherhood agreement which have been presented to them. This requires a vast knowledge of the specialise law that surrounds this process.
As of the 1st of April, 2010, the Children’s Act 38 of 2005 came into play which changed the stance of the agreement. Before this act was promulgated the South African common law stated that the mother from which body the baby is born, will be regarded as the legal parent of the child, thus necessitating the commissioning couple to adopt the child in order to become the legal parents. With the new act however this is no longer the case and the role of the agreement is to stipulate the duties, rights and obligations of all the parties involved.
When you contact Adele van der Walt Attorneys our surrogacy attorney will discuss all the various aspects of the surrogate motherhood agreement/arrangement. Only once it is certain that everybody understands what is to be expected of them and the process that is to follow, will the surrogacy attorney commence by drawing up the agreement and present it to the South African High Court.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
