Surrogate Motherhood Arrangement
Ensure A Solid Surrogate Motherhood Arrangement
South Africa’s new surrogacy legislation came into effect on 1 April 2010 and has changed the landscape quite considerably for those seeking to enter into a surrogate motherhood arrangement. It is vital that, if you are considering this challenging and yet immeasurably rewarding route to parenthood, you consult with experts in surrogacy in order to ensure that you know all of the intricacies involved in the process.
With the new legislation, all parties involved in the surrogate motherhood arrangement are required to enter into a written agreement outlining all of the details, which agreement must be approved by the High Court of South Africa before the in-vitro process can begin. Written consent is required from the surrogate mother and her partner and both of the commissioning parents - and at least one of the parents and both the surrogate mother and her partner must be legally resident in South Africa. It is important to note that no surrogate agreement will be valid unless the conception of the child is via the use of gametes, or at least one of the commissioning parents.
Another aspect to consider when concluding a surrogate motherhood agreement is the provision that the commissioning parent/s must prove that they are not able to give birth to a child themselves and that this condition is permanent and irreversible. The surrogate mother also agrees not to accept any kind of payment for the process, bar loss of income, medical and other expenses arising directly from the surrogacy.
Adele van der Walt Attorneys is a legal firm that specialises in surrogate motherhood arrangement. For expert advice on surrogacy and the drawing up of professional surrogacy agreements, contact Adele van der Walt Attorneys.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
