Surrogacy Law Attorneys in South Africa
The Importance of Seeking Legal Guidance from Experienced Surrogacy Law Attorneys in South Africa
Don’t attempt to find a surrogate in South Africa before speaking to attorneys specialising in surrogacy law. You may, for instance, not advertise your need for a surrogate in a newspaper since surrogacy is only allowed for altruistic reasons. Agencies may also not benefit commercially from bringing the surrogates and the commissioning parents together. Understanding the stipulations of the Children’s Act regarding surrogacy is thus essential to avoid non-compliance with the legal requirements.
Since the law stipulates that the surrogacy agreement must be confirmed by the High Court of South Africa, you will need to make use of surrogacy law attorneys to submit the application to the High Court. With the surrogacy agreement being a legal contract, it is furthermore imperative that all the requirements for a legal contract be met and here too you will benefit from the expertise offered by specialised surrogacy law attorneys in South Africa.
Let’s take a brief look at some of the issues you will need to deal with in the surrogacy agreement.
Minimum Requirements for the Surrogate
The South African law provides that the surrogate must be of child bearing age, physically, mentally and emotionally stable, and she should be able to carry and give birth to the child. The surrogate must have at least one living child of her own and must have given birth to a living child before. She must be resident in South Africa at the time of signing the agreement. She will also need the written consent of her partner before she can become the surrogate.
Minimum Requirements for the Commissioning Couple
The couple must have sufficient medical proof of their inability to conceive, carry the child to birth and to give birth to the child. Surrogacy is thus not a quick and easy solution for an infertile couple. The court must be satisfied that surrogacy is appropriate and relevant to the commissioning couple. The commissioning couple will need sufficient finances to pay for the fees of the surrogacy lawyers, the court application, medical expenses, and assessments.
At least one of the commissioning parents must be resident in South Africa at the time of signing the agreement. The surrogacy agreement must stipulate what happens in terms of parental rights if the couple is divorced before the child is born. In addition, the commissioning couple must undergo medical and psychological assessments. Because surrogacy is such a complex process it is essential to stipulate all relevant aspects, such as the right of the surrogate to terminate pregnancy for medical or non-medical reasons. Other issues with which the surrogacy law attorneys in South Africa can assist include the timeframe in which the surrogate must hand the child to the commissioning couple and what to do should the surrogate change her mind after the child is born.
Get legal guidance regarding surrogacy law in South Africa through Adele van der Walt Incorporated as an experienced surrogacy lawyer. Contact our team today.
Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.