Surrogacy Law

Do You Understand What the Law Says About Surrogacy in South Africa?

When you think of becoming a surrogate to assist your friends or a couple in having a genetically linked child of their own, surrogacy law is certainly not your immediate concern. Understandably so, since you want to help someone, and the law may not seem all that complicated at first.

The Children’s Act stipulates the requirements for the commissioning couple and for the surrogate. It is clear that the High Court of the country must first confirm the surrogacy agreement before you can commence with the IVF process. It stipulates the surrogate’s right to terminate the pregnancy and is rather clear about what should be stated in the agreement.

So, why should you first consult with an attorney that specialises in surrogacy law before you enter into such an agreement? Also, for what can you receive compensation? There are costs involved such as having to buy maternity clothing, taking time off from work to attend doctor examinations, psychological assessments, and more. Indeed, you need some form of transportation to the doctor and vehicles require fuel to drive. Fuel is expensive and so is the maintenance on your vehicle.

There is also the question of who foots the bill for the hospitalisation and insurance? Surrogacy law in South Africa stipulates that you cannot commercially gain from the surrogacy. As such, you must be able to prove that you have sufficient financial and family support to ensure that you don’t enter into the agreement in order to financially gain from it.

Do you know that you need your partner’s written consent if you want to become a surrogate? It is one of the requirements stipulated by surrogacy law in South Africa. It is relevant whether you are married or just in a relationship with someone. This means that your partner can withhold the consent.

From the above information, it becomes clear that there are many issues to consider, best discussed with an attorney specialising in surrogacy law. Rather make informed decisions than being unpleasantly surprised by surrogacy law stipulations.

Call on Adele van der Walt Incorporated for professional legal guidance and assistance with issues related to surrogacies in South Africa.


Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – December 2018.