Fertility Law
Fertility Law – Complex, But Necessary
Although surrogacy agreements and in vitro fertilisation are both concepts recognised worldwide, the applicable laws in the different countries play a major role. The legal aspects surrounding fertility law are very complex and in some countries even differ from state to state or province to province.
A surrogacy agreement should regulate the terms and conditions relating to the intended parents and surrogate mother’s relationship, and should comply with the provisions of the Children’s Act 38 of 2005. Fertility law falls under this Act.
The new fertility laws surrounding surrogacy agreements and in vitro fertilisation:
- A person cannot profit from donating her eggs, but can instead be compensated for medical, transport and time away from work.
- According to the new Children’s Act, the intended parents no longer have to undergo the adoption process after the birth and are now in the position to list their names as the parents on the birth certificate.
- With regards to the 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.
While the new laws may seem as unfavourable obstacles for some, the new Children’s Act has ensured that surrogacy agreements are now handled in a more orderly manner and that any legal aspects that may arise in the future are eliminated due to the workings of fertility law.
Not complying with one of the requirements stated in the Children’s Act can have a devastating effect on a surrogacy agreement and that is why it is vital to acquire the professional legal advice of a lawyer specialising in fertility law. You lawyer will be able to guide you through the whole process to make sure your surrogacy agreement is successful.
If you would like experienced legal advice from a lawyer specialising in fertility law, please contact Adele van der Walt Incorporated today.
For more information on this subject, please give us a call at (SA) or e-mail us at susann@avdw.co.za
