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Frequently Asked Questions about Surrogacy in South Africa

Some of the frequently asked questions about surrogacy in South Africa, procedure and price, and specific legal requirements are briefly answered below.

Can one use donor eggs from a dead person?

No, it is illegal in South Africa unless consent was given by the deceased prior to their death.

What are the requirements for becoming a suitable surrogate in South Africa?

You must have a living child of your own, may not commercially benefit from the process, must have the written consent of your partner and must have had at least one successful pregnancy and birthing before. In addition you must be in good physical, mental and emotional health.

For what expenses can the surrogate get compensation?

The surrogate can only receive compensation for expenses directly associated with the fertilisation process, pregnancy and birthing. This includes travel costs to and from the medical facility, loss of income because of inability to work during the period and directly related medical expenses.

Does one have to adopt the child as commissioning parent?

No, the commissioning parents become the rightful parents of the child the moment the child is born and there is thus no need to go through the adoption process. The Court order confuses same.

Whose eggs and sperm are used in the fertilisation?

One or both of the commissioning parents must provide the gametes for the fertilisation.

Can the surrogate still stay in contact with the child after the birth?

No, unless so agreed in the surrogate agreement or these may be family trees.

Does one simply draft a contract with the commissioning parents and then the surrogacy procedures can take place?

No, the surrogacy agreement must first be submitted to the Court along with supporting documents. The Court will consider the Application and grand an order if satisfied. If the surrogacy goes ahead before the approval of the agreement then it is illegal and the surrogate will be the legal parent of the child and serious criminal charges will follow against the medical practitioner, informed parents and surrogate mother.


Note that the information in this article is for informational purposes only and should not be seen as an attempt to provide legal advice. We strongly recommend that you contact us at Adele van der Walt Incorporated for professional legal advice.