The topic of surrogacy is both a controversial and very interesting field. SA surrogacy is very well documented with the introduction of the Childrens Act promulgated on 1 April 2010. This has very serious consequences and provides very clear guidelines to surrogate mother programs for both surrogates and commissioning parents.
Prior to the legislation, the status of a surrogate agreement and surrogate program was quite uncertain leaving a feeling of uneasiness for all surrogate mother agreement parties. Fortunately for all SA surrogacy agreements, a reputable surrogacy agency was already following best practice processes to ensure appropriate controls.
The implications for all parties are concise and although the process may be perceived as quite lengthy and onerous, the toolkit actually provides a well constructed step by step experienced instruction and facilitation.
In accordance with South African legislation, the Children’s Act, an entire chapter is dedicated to surrogacy. For surrogate mothers, there are clear guidelines pertaining to who may apply to become a surrogate mother. She must have a documented record of a successful pregnancy and have at least one child of her own. Her competence and clear understanding is also a factor and she is required to have domicilium in South Africa.
For commissioning parents, the requirements are quite extensive. For starters, South African domicilium is requried, a medical requirement supporting the need for surrogacy is needed and from a genetic perspective, the gametes of either both or one of the commissioning parents is needed to conceive the child.
The surrogate agreement required to be facilitated by an experienced surrogate lawyer requires necessary supporting documentation. For the surrogate mother, these include the medical approval of the surrogate to become pregnant and the psychological report. Her partner is also required to sign the surrogacy agreement.
Both parties of commissioning parents are needed to sign the surrogate contract. Reports required for surrogacy commissioning parents include the medical confirmation of the need for a surrogate to become a parent, psychological reports confirming and the report confirming at least one of the gametes will be used. In the event of only male(s) being the surrogate commissioning parent(s), confirmation is required of a female influence in their lives.
The surrogate agreement along with necessary reports is submitted to the High Court for approval by the appropriately commissioned surrogate attorneys. Such approval relinquishes rights and responsibilities from the surrogate in favour of the commissioning parents. Such an approved surrogate agreement implies that the commissioning parent need not proceed with any further legalities. No adoption is required and no further legalities.
SA surrogacy does not discriminate against any persons regadless of relationship status, race of sexual preference. It is however important to state and recognise that a surrogacy agreements is facilitated by experienced surrogate attorneys or surrogacy lawyers who understand the process and requirements of jduges approving the surrogate agreements.
baby2mom Egg Donation Agency, www.baby2mom.co.za works hand in hand with surrogacy attorneys who have a dedicated team of surrogate lawyers ensuring a smooth and efficient process for SA surrogacy. South Africa offers a controlled and structured process for surrogate agreements that can be facilitated with ease and completed in a matter of weeks.
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