Surrogacy in South Africa is not without Challenges - One of the requirements of the Children’s Act of 2005 is that a genetic link is needed for surrogacy. This means that at least one of the commissioning parents must provide the gametes for the fertilisation.
South African Surrogacy Attorneys - While South African surrogacy laws do not discriminate against any persons regardless of their relationship status, race or sexual preference, it is however important to state and recognise that surrogacy agreements are facilitated by South African surrogacy attorneys who understand the process and requirements of surrogate agreements.
Why do I need a Surrogacy Lawyer? - The Children’s Act, which became effective in April 2010, outlines the legislation concerning surrogacy in South Africa. It stipulates that fertilisation may not commence before the confirmation of the surrogacy agreement by a High Court of South Africa.
Surrogacy Agreements in South Africa – Controversies and Issues
Surrogacy is often a controversial topic, especially because of the lucrative international trade in donor eggs, also from South Africa. At the heart of the controversy are unethical practices followed in India and East-European countries.
Child Care and Surrogacy in the Children’s Act of 2005 - understanding the Children’s Act 38 of 2005 is vital for people hoping to adopt or wishing to make use of surrogacy as a means to having their own child. It’s also important to understand how the law describes aspects regarding caring for a child and when a child may be removed from guardianship.
How Surrogacy Laws Differ in Various Countries- It is imperative to research the surrogacy laws of the particular country where you reside and wish to make use of surrogacy as an option to get a child of your own. A brief introduction to the surrogacy laws in South Africa should give you insight as to why you have to make use of a medical law attorney specialising in surrogacy to assist with the entire legal side of the process.
Controversies Surrounding Commercial Surrogacy Agreements - The Child Protection Act of South Africa prohibits surrogacy for commercial purposes. Surrogacy agreements must first be approved by a High Court of the country before fertilisation can commence. Failure to get the confirmation means that the agreement is void and the surrogate becomes the legal parent of the child.
When Surrogacy is Your Last Option -
When surrogacy is your last option and you’re ready to setup a surrogacy agreement, you should get in contact with medical law attorneys to help you through the process.
Surrogate Mothers in South Africa - When some people think of the term ‘surrogacy’, they may perceive the process of surrogate motherhood as a slightly shady deal involving money changing hands for babies behind closed doors. Nothing could be further from the truth. Our surrogacy laws are strictly laid out in the Children’s Act 38 of 2005, which came into effect on 1 April 2010, and the perception of surrogate mothers in South Africa is rapidly changing.