Surrogacy Attorneys South Africa

Surrogacy Attorneys In South Africa

Surrogacy is an arrangement between a woman and a couple or individual, to carry and deliver a baby on behalf of the couple or individual. Surrogacy Attorneys in South Africa specialise in surrogacy arrangements and there are a vast amount of legal aspects to consider when entering into such an arrangement.

There are two types of surrogacy:

  • Straight (also known as traditional or partial surrogacy)
    The egg of the surrogate mother and the sperm of the intended father are used. It is the simpler of the two methods as it makes conceiving less complicated.
  • Host (also known as gestational or full surrogacy)
    The egg of the intended mother combined with the sperm of her husband or donor sperm. For this method case an IVF clinic is always required, unlike the straight method.

The intended parents (that is, those that intend to raise the child) may arrange a surrogate pregnancy because of female infertility or other medical issues which may make the pregnancy or delivery impossible, risky or otherwise undesirable. It is advisable to consult a surrogacy attorney to assist with the legalities of surrogacy.

Legal aspects that surrogacy attorneys in South Africa could advice you on:

  • Completing the birth certificate so that the names of the intended parents are stipulated as the biological parents
  • Specifying a guardian for the child in case anything should happen to the intended parents while the surrogate is pregnant
  • Drafting contracts with information regarding financial compensation for costs involved and hospital care
  • Drafting the written agreement between the parties for the court’s approval
  • Termination of the surrogate agreement
  • Termination of pregnancy
  • Psychological reports for both the intended parents and surrogate mother as well as partners

 

It is very important to make use of surrogacy attorneys in South Africa who are aware of the recent changes in the Children’s Act (Act No. 38 of 2005) and have experience in dealing with surrogacy arrangements.

Contact Adele van der Walt Incorporated for professional legal advice and more information regarding surrogacy arrangements.

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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