Fertility Law
Fertility Law In South Africa
With the promulgation on 1 April 2010 of the new Children’s Act 38 of 2005, adoption, surrogacy and fertility law has undergone certain changes, many of which will affect those considering becoming parents via one of these methods. In the South African census conducted in 2001, it was found that our fertility levels have decreased over the last four decades, at an approximate 12.1% per year, for a variety of reasons.
This would explain why so many more couples are attempting assisted reproductive technology (ART), such as in vitro or artificial fertilisation, embryo transfer and gamete intrafallopian. Importantly, whereas in the past certain aspects of surrogate, adoptive and fertility law were deemed somewhat discriminatory and out of balance and with the rights outlined in our constitution, it’s fair to say that South Africa is now on par with international trends, thought and law when it comes to issues pertaining to parenting, adoption and surrogacy.
Additionally, past laws only afforded married couples to be declared the rightful parents in cases of artificial insemination, and this law, too has changed to now include unmarried partners, single persons or same-sex couples. Under the new law, as long as there is an official surrogacy agreement that has been passed by the High Court of South Africa, intending parents of a child carried by a surrogate mother can now forgo the post-birth adoption process and claim themselves officially on the birth certificate as the parents of their child.
For couples wishing to go the route of assisted reproductive technology, this has heralded a new freedom of choice. For more information on surrogate, adoptive and fertility law in South Africa, contact Adele van der Walt Attorneys for empathetic, expert legal advice.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
