Laws Of Surrogate Motherhood
Laws Of Surrogate Motherhood
There was no legislation governing surrogacy in South Africa until the Children’s Act (Act No. 38 of 2005) was promulgated. Laws of surrogate motherhood are very complex and it is advisable to contact a lawyer specialising in surrogacy before you start on this emotional and expensive journey.
The new laws of surrogate motherhood need to be adhered to in order for the process to be considered legal. Some of these aspects include:
- Adoption – new legislation dictates the commissioning parents would be the legal parents and no adoption process will be necessary. According to the old law, the surrogate was the child’s legal mother and the commissioning parents were required to adopt the child.
- Payment – the new law states that the exchange of money for surrogacy is not permitted. Surrogates may only obtain an amount for loss of income earned.
- Child of her own – the surrogate can only act as such if she already has a child of her own
- Partner/husband – if the surrogate is married or has a partner, she would need written consent from him/her.
- Abortion – the new law states that if the surrogate decides early in the pregnancy that she does not want to carry on with the pregnancy, she may legally abort the foetus.
The laws of surrogate motherhood states that the surrogate agreement must be in writing and confirmed by the High Court of South Africa. It also states that no artificial fertilisation of the surrogate mother may take place before the surrogate motherhood agreement is confirmed by the court or after the lapse of 18 months from the date of the confirmation of the agreement in question by the court.
If you would like more information or legal advice on the laws of surrogate motherhood contact Adele van der Walt Incorporated.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
