Arrangements for Surrogate Motherhood
Arrangements For Surrogate Motherhood In South Africa
South Africa passed new laws governing arrangements for surrogate motherhood with the promulgation of the Children’s Act 38 of 2005 on 1 April 2010. The arrangements for surrogate motherhood now necessitate the drawing up of a written agreement, which is signed by all parties and presented to the High Court for approval before the process can commence.
Prior arrangements for surrogate motherhood
Before a woman can be legally accepted as a surrogate mother, she will undergo certain mental, emotional and psychological screenings as part of the prior arrangements for surrogate motherhood. She is also required to have had at least one full term pregnancy and birth had be the mother of at least one living child. Her partner is also required to agree to all conditions of the arrangements for surrogate motherhood and sign the agreement along with the other parties.
At no stage prior, during or after the surrogacy process is the surrogate motherhood legally allowed to accept any kind of compensation for her services as a surrogate mother and to do so is a criminal offence. However, all expenses directly related to the pregnancy and birth, as well as any agreed loss of earnings incurred throughout the process, will be reimbursed to the surrogate mother.
Post birth arrangements for surrogate motherhood
It should be made very clear in the arrangements for surrogate motherhood and agreement that the intending parents will be the legal parents of the surrogate child immediately upon birth. This is because the reproductive cells (gametes) of both intending parents are required for the process, unless one of them proves they are unable to provide same. In the instance where a surrogate mother allows the use of one of her eggs for the surrogate process, then she has the legal right to terminate the surrogacy agreement within 60 days following the birth of the child, and the child then becomes legally hers.
Contact Adele van Der Walt Incorporated for more information on the legal arrangements for surrogate motherhood prior to commencing the surrogacy process.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
