Surrogate Motherhood Agreements
The Necessity of the Surrogate Motherhood Agreement
Couples who are considering entering into a surrogate motherhood agreement need to realise that no surrogacy arrangement will be allowed to proceed until the South African High Court had confirmed the contract. Only then may the in-vitro fertilisation process commence. It is vital however that before you enter into such an agreement that you speak to a lawyer who specialises in the field of surrogacy agreements, such as Adele van der Walt Attorneys Incorporated.
At Adele van der Walt’s we will discuss at length the various aspects you need to know about the surrogate motherhood agreement, such as the role of the surrogate mother and the rights her spouse possesses. Another influencing factor is the recent developments with regards to the South African Common Law’s stand on surrogacy contracts. Before there was no legislation that dealt specifically with surrogacy but as of the 1st of April, 2010, the new Children’s Act 38 of 2005 came into effect changing the whole legal process of the agreement.
One of the factors that play a vital role within the surrogacy motherhood agreement is the genetic origin of the child. According to the Act no surrogate motherhood agreement will be deemed valid unless the child is conceived by the use of gametes from both the commissioning parents. The only time when it will be allowed that only one commissioning parent’s gametes be used is if there is a biological, medical or another valid reason, such as the commissioning parent being a single person. In cases where the surrogate mother is also the genetic parent of the child she will have the right to terminate the agreement any time prior to the lapse of sixty days after the birth of the baby.
When you contact Adele van der Walt Attorneys we will help you understand the legal implications involved with a surrogate motherhood agreement, as well as discuss the rights, duties and obligations of all the parties involved.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
