South African Surrogacy Laws
The laws in South Africa are constantly developing in the interest of this beautiful country’s citizens. One such matter where the laws were adapted to keep abreast of times were the South African surrogacy laws. Up and until April, 2010, there were no particular laws regulating the stance on surrogacy and surrogate motherhood agreements. That was until the Children’s Act 38 of 2005 was promulgated, changing proceedings with regards to this intricate matter.
The South African surrogacy laws dictate that no surrogacy in-vitro fertilisation process may be done until the High Court has confirmed the surrogate motherhood agreement. This agreement has to be presented to the court in writing and should contain the signatures of all the parties involved, including the commissioning couple, surrogate mother and the surrogate mother’s spouse, should she have one. According to these surrogacy laws a woman may only act as surrogate with the consent of her husband, wife or partner. Moreover, she may only act as surrogate if there is a documented history of at least one pregnancy and viable delivery.
Commissioning parents are implored to seek the legal assistance of an attorney who specialised in the interpretation of South African surrogacy laws. This is not only as precaution to protect them should the surrogate mother decide to terminate the agreement – which she is allowed to do within 60 days of giving birth if she is also the genetic parent of the child – but also to ensure that the agreement is done in accordance to the stipulations of the South African surrogacy laws.
Should you require assistance on the matter of South African surrogacy laws, simply contact Adele van der Walt Attorneys today.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
