Surrogate Contracts
The Importance of Surrogate Contracts
If you are about to enter a surrogacy arrangement then by no means should you overlook the importance of surrogate contracts. The purpose of the agreement is to regulate the terms and conditions of the arrangement and should comply with the series of common laws that affect an arrangement such as this. In South Africa this arrangement should be done so in writing and confirmed by the High Court.
Some of the matters surrogate contracts address would be that of the role of the surrogate mother. Upon signing such an agreement it will be stated that the surrogate mother will be expected to hand over the child to the commissioning parents as soon as possible after birth, thus relinquishing her rights as parent of the child. What’s more it is required that the husband or partner of the surrogate mother give his or her written consent in order for the arrangement to be plausible. Thus, with the birth of the child the husband or partner also agree to give up their rights as parent to the child to the commissioning parents.
As this is a very intricate arrangement the commissioning parents, surrogate mother and her husband or partner are about to undertake it is of the utmost importance that all parties involved comprehend what is to be expected of them. Only once the surrogate contracts are in place, signed by all the parties involved and recognised by the court may the surrogacy process continue. The contract then not only stipulate the litigation involved with this arrangement but also minimises the chance of a future dispute between the parties involved which could lead to much disappointment.
If you are planning to enter into such an arrangement be sure to contact Adele van der Walt Attorneys. An expert with surrogate contracts Adele van der Walt Attorneys will give you the peace of mind needed before you commence with this joyful opportunity to become parents.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
