Artificial Insemination Law
Artificial Insemination, or AI, is a form of assisted reproductive technology whereby sperm is placed into the reproductive tract of a female with the intention of impregnating her. This is, obviously, not done by means of sexual intercourse but, as the name suggests, by means of alternative instruments such as a needleless syringe, catheter or a specially designed cervical cap. AI is a process used with surrogate pregnancy, but as there are many factors involved with such a pregnancy, one has to look at the South African artificial insemination law.
Surrogacy is a very intricate and delicate matter and the law pertaining to artificial insemination with regards to surrogacy is especially complex. As such the law states that no in-vitro fertilisation process may commence until the surrogate motherhood agreement has been presented, in writing, to the High Court. The agreement will state whose gametes will be used for the artificial insemination. The law states that the gametes have to be that of the commissioning parents unless it is not possible due to biological, medical or any other valid reason. If that be the case then at least one parent’s gamete must be used or, should the commissioning parent be a single person, than that person’s gamete.
Only when the court has confirmed the agreement may the artificial insemination take place. The law also gives way for the termination of a surrogate motherhood agreement for a period of 60 days after birth if the surrogate mother is also the genetic parent. In such instances it will be necessary for the surrogate mother to file a written notice of termination of the agreement after which the court will agree once all parties have been notified and a hearing had taken place.
Should you require more information with regards to artificial insemination law in South Africa, or are in need of assistance when entering into a surrogate motherhood agreement, simply contact Adele van der Walt Attorneys.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
