Surrogate Mother Cost
How Much Does A Surrogate Mother ‘Cost’?
Some couples who are considering taking the surrogate route to parenthood mistakenly believe that they ‘pay’ for the baby. With the promulgation of the new Children’s Act 38 of 2005 on 1 April 2010, it is expressly illegal to ‘pay’ anything for a child. There is, however, a monetary exchange, but this is not for the actual baby. So the question is: how much does a surrogate mother ‘cost’?
Chapter 19 of the Act states that payments in respect of surrogacy are expressly prohibited, and outlines the legislative requirements in respect of a surrogate mother cost as follows:
- No person in connection with a surrogate motherhood agreements may give or promise to any person, or receive from any person, a reward or compensation in cash or in kind.
- No promise or agreement for the payment of any compensation to a surrogate mother or any other person in connection with a surrogate motherhood agreement or the execution of such an arrangement is enforceable, except a claim for:
- Compensation for the expenses that relate directly to the artificial fertilisation and pregnancy of the surrogate mother, the birth of the child and the confirmation of the surrogate motherhood agreement;
- Loss of earnings suffered by the surrogate mother as a result of the surrogate motherhood arrangement; or
- Insurance to cover the surrogate mother for anything that may lead to death or disability brought about by the pregnancy.
- Any person who renders a bona fide professional legal or medical service with a view to the confirmation of a surrogate motherhood agreement in terms of section 295 or in the execution of such an agreement, is entitled to reasonable compensation therefore.
Consequently, any surrogate mother cost is strictly related to the above and no ‘gifts’ can be given to the mother in direct exchange for the baby borne of the surrogacy agreement.
For more information on the expected surrogate mother ‘cost’, as well as the drawing up of surrogacy agreements, contact Adele van der Walt Incorporated, experts in surrogacy legislation 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
