Fertility Law Advice

Where To Get Pertinent Surrogacy And Fertility Law Advice In South Africa

In the past South Africa’s surrogacy and fertility laws were a bit of a ‘grey area’, often leaving loopholes that exposed the entire process to risk of abuse, but with the promulgation of the Children’s Act 38 of 2005 in April 2010, new laws to regulate the process were set down in black and white.  If you are investigating the surrogacy route to parenthood, your first port of call should be to consult with a lawyer experienced in these matters in order to give you reliable, up to date surrogacy and fertility law advice

Adele van der Walt Incorporated is a law firm at the forefront of surrogacy and related issues in South Africa and, as such, is positioned to offer timely and pertinent fertility law advice to those considering the surrogate route to parenthood.

The fertility law advice pertaining to surrogate parenthood that we can offer you will give you insight into the various legislative requirements surrounding the process, which include:

  • Genetic origin of the child: only the reproductive cells (gametes) of both of the intending parents can be used in the surrogacy process, unless one of them can prove this is impossible, in which case gametes from at least one of the intending parents are to be used.
  • Surrogacy agreement: the in vitro fertilisation process cannot begin until the High Court of South Africa has formally approved a surrogacy agreement that is to be drawn up and signed by all parties involved.
  • No compensation for surrogacy: under no circumstances is there any remuneration exchanged between the intending parents and the surrogate mother for her services as a surrogate.  The only monetary exchange allowed is payment of costs directly related to the pregnancy or birth.

Should you be considering the surrogate route to parenthood, contact Adele van der Walt Incorporated for more pertinent surrogacy and fertility law advice.

For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za

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