Surrogate Mother Protection
Providing Surrogate Mother Protection
Surrogacy arrangements are very intricate in nature. To begin with there is the fact that a woman will be agreeing to carry a child which is ultimately not hers for the period of nine months followed by the childbirth experience. But there are many legal aspects involved which protects both the commissioning parents from being exploited for monetary gain and providing the surrogate mother with protection if she decides to terminate the contract.
In South Africa surrogate mother protection is given in the form that for the duration of sixty days after child birth the surrogate mother will have the right to change her mind and decide to keep the child if she is also the genetic parent of the child concerned. This will require that she file a written notice to state that she is terminating the contract. Accordingly the court will then rule that the contract be terminated and that she will maintain her rights as legal parent of the child.
The protection given to the surrogate mother can make things for the commissioning parents difficult and matters can be complicated if the surrogate mother does decide that she does not want to give up her maternal rights. For this very reason it is absolutely pivotal that the proper psychological and physical screenings be done to avoid such situations.
For more information on the surrogate mother protection rights contact Adele van der Walt Attorneys Inc.. Highly experienced within the field of surrogacy agreements Adele van der Walt Attorneys Inc. will provide you with all the necessary information you require when entering into such an arrangement.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
