Surrogate Mothers
The Rights of Surrogate Mothers
Surrogacy has for a long time been a very controversial and sensitive subject as childless couples are taking to this procedure to make their dreams of parenthood come true. For one thing there has been the issue of these vulnerable couples having to pay large sums of money for surrogate mothers to carry their baby. This however was put to an end when South African legislation prohibited surrogate mothers from being paid fees. There has even been cases where the surrogate mother, upon giving birth, decided to keep the child instead of handing him or her over unless they be paid by the commissioning parents. Considering all this it does seem that surrogacy can be a daunting experience which is why it is of the utmost importance that all the parties involve sign a surrogacy contract.
With this kind of legal agreement the terms and conditions relating to the role of the surrogate mothers will be stipulated. Herein she will agree upon relinquishing all her rights as legal parent of the child from the moment of the birth of the baby. What’s more is that the husband or partner of the surrogate mother will also have to give their written consent that they agree to enter this arrangement and will also give up their rights as parent of the child. The contract will also stipulate whether or not the surrogate mother and her husband, partner or relatives will be allowed to contact the child.
Choosing surrogate mothers is a difficult and important factor before entering into such an intricate arrangement. Even if you know the soon-to-be surrogate mother it is not to say that no issues may arise which is why it is important that before you begin with such a process you seek the legal assistance of an attorney such as Adele van der Walt Attorneys Inc. Your attorney will explain to you in detail what is to be expected of all the parties involved, ensuring that all aspects are understood before commencing with the process.
If you are planning to enter into a surrogacy agreement we advise you to contact Adele van der Walt Attorneys Inc. so that you may discuss at length what is to be expected of surrogate mothers. This will not only provide you with the legal conditions of your arrangement but will also give you the peace of mind you require before taking the big step of entering into a surrogacy agreement.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
