Legal Surrogacy Issues
Legal Surrogacy Issues For Surrogate Mothers
The new Children’s Act 38 of 2005 came into effect on 1 April 2010 and changed the surrogacy landscape in South Africa. Those who intend to become parents of a child born of a surrogate mother, or those women who opt to become surrogate mothers, would do well to educate themselves thoroughly in legal surrogacy issues before they begin the process.
Becoming a surrogate mother in South Africa is now a true ‘labour of love’, as no money may be exchanged between the surrogate mother and any other party for the service. The only financial compensation is for expenses that arise as a direct result of the surrogate pregnancy, such as medical costs and food, travelling and other expenses strictly related to the surrogacy. When considering the myriad legal surrogacy issues, intending surrogate mothers should bear in mind the following criteria:
- The surrogate mother should preferably be between the ages of 21 and 40.
- The surrogate mother should have given birth to at least one of her own, biological children.
- The surrogate mother’s prior pregnancy/ies should have been healthy and complication-free.
- The surrogate mother should have delivered her own child/children at the full term of 9 months.
- The surrogate mother should be physically fit and healthy.
- The surrogate mother should not smoke, consume alcohol or use recreational drugs.
- The surrogate mother should be emotionally stable.
- The surrogate mother should pass the medical and psychological screening standards involved in the surrogacy programme.
Other legal surrogacy issues to consider include the drawing up of a proper surrogacy agreement. The agreement should be signed by all of the parties involved, both the intending parents and the surrogate mother and her partner, and thereafter should be approved by the High Court of South Africa before the in vitro process can begin.
For expert advice on legal surrogacy issues in South Africa and the drawing up of surrogacy agreements, contact Adele van der Walt Attorneys, a legal firm specialising in surrogacy and related issues.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
