Legal Assistance on Surrogacy for Single Parents
The South African Children’s Act of 2005, 38 of 2005, has made surrogacy for single parents possible. Although it may be more challenging to get High Court confirmation for the agreement, if you have the family and financial support for single parenthood, you may commission surrogacy.
Note that you will have to undergo evaluations to determine whether you are emotionally, financially, mentally and psychologically able to handle the process and to be a parent. With single parenthood being more difficult because of the financial constraints of the surrogacy process and support for the child, it is imperative to make use of experienced surrogacy attorneys from the start to assist in commissioning, the setting up of the agreement, submission of supporting evidence, and the court application.
Finding a Surrogate
Surrogacy is only allowed for altruistic reasons in South Africa, but there are fertility clinics where surrogates want to assist. The clinics match the surrogates with commissioning parents and assist in the evaluations. You can also approach a friend or family member.
If you meet the following requirements you will benefit from surrogacy for single parents:
- Have the required family support structure to assist during the process and with the caring for your child.
- Domicile in South Africa at the time of signing the agreement.
- Within a reasonable age group for parenthood.
- In good health and financially able to afford surrogacy and caring for a child.
- Unable to become pregnant or to carry the child to full birth
Note that the law provides that the gametes of at least one commissioning parent must be used unless medically impossible.
We assist in identifying pitfalls, giving legal advice regarding your rights as a parent, ensure that the required evidence is collected, draft the agreement and submit such to the High Court. Contact us for professional legal assistance regarding surrogacy for single parents in South Africa.