Tip of the Quill: A Journal
Surrogacy Agreements In South Africa

Although the image of unhealthy surrogates, smokers or drug addicts has been created by the film industry, the opposite is happening. As already said, the surrogate mother must be in good health and her partner must accept surrogacy. She does this for altruistic reasons and therefore usually takes care of her body. In addition, it is bound by an agreement to lead a healthy lifestyle. The Children`s Act 2005 governs the Surrogacy Act in South Africa. Although you may have read about the practice of getting the poor in Asian countries to have a surrogate mother in lieu of financial compensation, the situation in South Africa is totally different. Under existing South African surrogacy law, the surrogate mother can only be compensated for expenses directly related to surrogacy, including medical expenses, loss of income during pregnancy and childbirth, and any necessary physical or psychological examinations. She cannot make a living through surrogacy. Therefore, the problem of greedy or poor surrogate mothers, who offer their bodies in exchange for wealth or commercial profits, is not valid in South Africa. A surrogate mother in South Africa has no income. As has already been said, surrogacy is practiced only for altruistic reasons. Chapter 19 of the South African Children`s Act provides for specific compensation for: with respect to South Africa`s surrogacy laws and regulations, eggs from a woman under the age of 18 may not be removed for the purpose of artificial insemination.

As a result, the preferred age for donors is between 21 and 34 years old. According to the guidelines of the Southern African Society of Reproductive Medicine & Endoscopic Surgery, a surrogate mother carrying the gametes of the parents who charge them should preferably be under 50 years of age. At Adèle van der Walt Incorporated, we regularly work with medical law, surrogacy, personal injury and family law. We specialize in the aforementioned legal areas and have extensive experience in this area. Call us or email us to make an appointment for legal advice to make sure you can avoid the usual pitfalls of surrogacy. One of the crucial elements of surrogacy law is that psychological assessments must be carried out in respect of the surrogate mother and the parents who mandate. An online assessment is not enough and the court is waiting for detailed expert opinions. Some of the most important aspects you should remember when considering surrogacy are: if it is illegal to commercially benefit from mediation or participation in surrogacy in South Africa, why are there ads that promote the payment of donor oocytes? It is essential to take into account not only the legal aspects of surrogacy, but also the emotional problems and, of course, the enriching experience that this can be for the parents who mandate and for the surrogate mother.