The instances of couples, where one is infertile or in same-sex relationships, taking on a surrogate mother for their future child are growing in South Africa. It is important for the sake of the biological mother, the couple and the child that adequate protection exists for the respective interests of all. This has been recognised by the Government here.
Children's Act
Surrogate motherhood agreements are governed by the Children's Act 38 of 2005. Section 292 requires such an agreement to be in writing, signed by all parties and confirmed by the High Court.
Section 296 (1) (a) provides: "No artificial fertilisation of the surrogate mother make take place.. before the surrogate motherhood agreement is confirmed by the Court". Furthermore there is also section 303 (1) which provides: "No person may artificially fertilise a woman in the execution of a surrogate motherhood agreement or render assistance in such artificial fertilisation, unless that fertilisation is authorised by a court in terms of the provisions of the Act." In terms of section 305 (1) (b) read with 305 (6) - (7) carrying out an artificial fertilisation contrary to the provisions of the Act is a punishable offence. (Acknowledgement to de Rebus)
We can help
Clearly it is in the interests of all parties contemplating surrogacy that they get correct legal advice before taking the next step. We at Mc Naught and Company are able to provide such a service and help you get started with the family you have always wanted.
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