Gestational Surrogacy
What Is Gestational Surrogacy?
Many couples who are unable to conceive a child due to medical reasons turn to surrogacy as a way to have a child to call their own. There are two forms of surrogacy however, namely traditional surrogacy and gestational surrogacy. With traditional surrogacy, sometimes referred to as the “straight method”, the chosen surrogate is also the genetic parent of the child. In such instances the law requires that the commissioning father’s gametes be used in the artificial insemination process. As the surrogate mother is also the genetic parent she will have the right to terminate the surrogate motherhood agreement during the sixty day period that follows directly after childbirth.
With gestational surrogacy (aka the “host method”) on the other hand, the surrogate mother carries a child which is not genetically hers. With arrangements such as these the South African law deems it only valid if the gametes of both the commissioning parents are used, unless it is not possible because of medical, biological or any other valid reasons. In cases where the commissioning parent is a single person it will be obligatory that that person’s gamete be used.
With either a traditional or gestational surrogacy it will be compulsory that the husband, wife or partner of the surrogate mother give his or her consent in order for the surrogate motherhood agreement to be confirmed by the court. As far as the other legal aspects go with surrogacy arrangements, matters can be very intricate. This is why you will need the help of an experience attorney specialising in surrogacy arrangements. Should you require any assistance with this matter, simply contact Adele van der Walt Attorneys today for more information on gestational surrogacy.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
