Becoming a Surrogate Mother
Legal Requirements For Becoming A Surrogate Mother In South Africa
The new Children’s Act 38 of 2005, which came into effect on 1 April 2010, outlines the legislative requirements necessary to consider if a woman is interested in becoming a surrogate mother in South Africa.
In terms of the Act, those considering becoming a surrogate mother should take note that a court may not confirm a surrogate motherhood agreement unless the surrogate mother:
- Is, in terms of the Act, competent to enter into the agreement;
- Is in all respects a suitable person to act as a surrogate mother;
- Understands and accepts the legal consequences of the agreement and the Act and her rights and obligations in terms thereof;
- Is not using surrogacy as a source of income;
- Has entered into the agreement for altruistic reasons and not for commercial purposes;
- Has a documented history of at least one pregnancy and viable delivery; and
- Has a living child of her own.
Further, the surrogacy agreement drawn up when becoming a surrogate mother should include adequate provisions for the contact, care, upbringing and general welfare of the child that is to be borne in a stable home environment, including the child’s position in the event of the death of the commissioning parents or one of them, or their divorce or separation before the birth of the child.
The agreement should have regard to the personal circumstances and family situations of all the parties concerned, but above all the interests of the child that is to be borne; and the agreement must be approved by the High Court before the fertilisation process takes place. It is also important to note that the gametes of both commissioning parents should be used in the in vitro process, unless one of them can prove that they are unable to provide their own gametes, in which case the other parent must contribute his/her own gametes.
For more information on becoming a surrogate mother in South Africa, contact Adele van der Walt Incorporated, established experts in surrogacy law in South Africa.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
