What Is Surrogacy?

Surrogacy is an arrangement whereby a woman carries and delivers a child for another (commissioning) couple or person. Surrogacy arrangements can be complex undertakings for both the commissioning couple/individual and the surrogate. Therefore, it is very important that the intended parent/s is well informed about what the process entails.

Process steps

Step one: Finding a suitable surrogate

We will endeavour to assist the intended parent/s in finding a surrogate mom, if it is not possible for this to be done themselves. We will also guide the intended parent/s as to the legal requirements pertaining to surrogates as well as the medical and psychological processes involved. Where necessary we will refer you to the relevant medical and psychological experts with experience in the field of surrogacy. It is important to note the following:

• A surrogate is sought out when the intended parent/s is unable to give birth. In addition, at least one of the intended parents must be genetically related to the child i.e., there needs to be a genetic link to the intended parent or, in the case of a couple, at least one of the intended parents.
• A surrogate in South Africa does not get paid an income since surrogacy is done for altruistic reasons only and the courts are very strict on this. However, Chapter 19 of the South African Children's Act makes provision-specific compensation for:
• Reasonable expenses — Compensation for expenses that relate directly to IVF (In Vitro Fertilization) treatments and pregnancy of the surrogate mother, the birth of the child and the confirmation of the surrogate motherhood agreement.
• Loss of earnings suffered by the surrogate mother as a result of the surrogate motherhood agreement.
• Medical and other insurance — insurance to cover the surrogate mother for anything that may lead to death or disability brought about by the pregnancy

Step two: The High Court application process

The next step is the preparation of the high court application process, confirming the agreement between the intended parent/s and surrogate through the issuing of a court order, which is a lengthy and complex process. This needs to be dealt with very carefully to cover all aspects that a judge would scrutinize to establish whether he or she is satisfied that all is in order from a legal, medical, psychological and ethics perspective and warrant the granting of the order.

Step three: The egg donation and medical process

Once the high court order has been granted the final steps would be to find a suitable egg donor, where this is relevant, and then the further preparations by the surrogate, egg donor and intended parent/s and subsequent medical process itself would follow.  

Summary of our services relating to the above

• Guidance and support throughout the surrogacy process;
• Assistance in finding a suitable surrogate mom;
• Assistance in finding a suitable egg donor;
• Where needed, assistance with and referral to psychologists, medical experts, clinics and other role players involved in the surrogacy process;
• Preparation of the High Court application and assisting with the application process;
• Where required, drafting of the relevant agreements relating to egg, embryo and sperm donation.

Should you require our assistance with your surrogacy journey or egg donation, please complete the form below or contact us via phone or e-mail, where preferred.

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