Legal Aspects of Becoming a Surrogate in South Africa

It is advisable to consult with an attorney if you have a friend or family member who is infertile or unable to carry a child to birth and want to assist through surrogacy.

Becoming a surrogate in South Africa entails medical examinations to determine your health, ability to carry a child full term and to give birth to a child. It furthermore entails psychological assessments to determine your mental and emotional health, and a social worker assessment to assess your family support structure.

You are not allowed to financially or commercially benefit from the surrogacy other than receiving reasonable compensation for medical expenses, travel costs, loss of income if you are employed, and direct expenses related to the surrogacy.

The commissioning parents become the rightful parents upon birth of the child. You will not have any right to contact with the child unless so agreed in the surrogacy agreement. As the surrogate, you will have to take good care of your health during the pregnancy and must be willing to let the child go upon birth.

Apart from the above conditions, you must be resident in South Africa at the time of signing the agreement, must have given birth to a living child of your own and must have at least one living child. Your partner must give consent to the surrogacy.

We understand that the above requirements are challenging, but becoming a surrogate is an unselfish act and you should have protection of your rights. We draft the surrogacy agreement to ensure that your rights, the rights of the child and that of the commissioning parents are protected.

You can also contact fertility clinics in South Africa to become a surrogate. The clinics facilitate the matching of surrogates and commissioning parents. They conduct background checks to determine if you have the family support needed throughout the process and also ensure that your rights are protected.

Contact us at Adele van der Walt Incorporated for legal assistance in becoming a surrogate in South Africa.

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