Surrogate Pregnancy Laws
Law in general is a complicated matter which most of the general public finds difficult to interpret, and rightly so too. Like doctors specialising in specific areas of the medical field, lawyers too practice in a specific area of the law, such as medical law. One of the areas that falls under the umbrella of medical law is that of surrogate pregnancy laws. Herein the complicated matter of surrogate motherhood agreements is regulated.
It wasn’t until the 1st of April, 2010, when the Children’s Act 38 of 2005 was promulgated, that South Africa had surrogate pregnancy laws stipulating the requirements of such an arrangement. In accordance to this Act no in-vitro fertilisation process may commence until a surrogacy agreement has been confirmed by the Court. This agreement has to be presented in writing to the High Court within whose area of jurisdiction the commissioning parents are staying. Moreover, the agreement has to be signed by all parties involved, including the commissioning parent/s, surrogate mother and the surrogate mother’s spouse.
Another factor of the surrogate pregnancy laws is that of the termination of a surrogate motherhood agreement. One condition that affects such an agreement is the genetic origin of the child. If the surrogate mother is also the genetic parent of the child, she may at any time for a period of 60 days after the child’s birth terminate the agreement by filling a written notice with the court. After a notice to the parties and a hearing, the court will ensue to terminate the confirmation of the agreement stating that the surrogate mother voluntarily terminated said agreement. This will be done if it is in the best interest of the child and the surrogate mother is not holding the commissioning parents liable for compensation.
As surrogate pregnancy laws is an intricate matter, it will be necessary to seek the assistance of a specialised attorney. Contact Adele van der Walt Attorneys today should you require legal assistance with your surrogate motherhood agreement.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
