Surrogacy Laws in SA
What You Should Know About The New Surrogacy Laws In SA
If you are considering undergoing the process of surrogacy – either as the surrogate mother or the commissioning parent – take note that, with the Children’s Act 38 of 2005 coming into effect on 1 April 2010, new surrogacy laws in SA govern and regulate the entire surrogacy process.
Now, more than ever, it is vital to ensure that you obtain well placed, informed advice as to the surrogate route to parenthood, to ensure that you comply with the often intricate regulations and provisions of the new surrogacy laws in SA. Whereas before this time, surrogacy was not very closely regulated. The host of new provisions that have been put in place are designed to protect all parties in a surrogacy agreement, namely the commissioning parent/s, the surrogate and her partner, if any, and - very importantly - the rights of the child, both in utero and after he or she is born.
The new surrogacy laws in SA include the following key provisions:
- both commissioning parents must prove they are permanently and irreversibly unable to birth a child;
- that a written surrogacy agreement be drawn up and signed by all parties;
- that only reproductive cells (gametes) from both commissioning parents be utilised in the process; or
- at least the gametes of one commissioning parent in the event that the other can prove his/her inability to produce and/or provide such gametes;
- no payment may be exchanged with the surrogate mother, only loss of income and medical/surrogate related expenses may be claimed; and
- commissioning parents no longer have to undergo the adoption process post-birth and can now list their names as the official parents on the birth certificate.
For more information on the new surrogacy laws in SA and how to approach your surrogacy process, contact Adele van der Walt Attorneys for knowledgeable, caring advice and assistance.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
