Surrogacy is an arrangement in which a woman carries and delivers a child for another (commissioning) couple or person. Surrogacy arrangements can be complex undertakings for both the commissioning couple and the surrogate. Therefore, it is important that patients are well informed about the steps involved. Here, we try to outline some of the key issues and steps required when pursuing a surrogacy arrangement.
Potential surrogates please note that according to South African law, surrogacy can only be done for altruistic reasons and secondly, you must have had a child of your own. If you have not yet had a child, you are unfortunately not eligible to be a surrogate.
When is a surrogate required?
A surrogate is sought out when the Intended Parents are unable to give birth due to a medical condition, which has been diagnosed by a fertility expert. The condition must be permanent and irreversible. 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 at least one of the Intended Parents.
A surrogate in South Africa does not get paid an income. As mentioned before, surrogacy is done for altruistic reasons only. 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 Earning— 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.
Potential surrogates please note that according to South African law, surrogacy can only be done for altruistic reasons and secondly, you must have had a child of your own. If you have not yet had a child, you are unfortunately not eligible to be a surrogate.
When is a surrogate required?
A surrogate is sought out when the Intended Parents are unable to give birth due to a medical condition, which has been diagnosed by a fertility expert. The condition must be permanent and irreversible. 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 at least one of the Intended Parents.
A surrogate in South Africa does not get paid an income. As mentioned before, surrogacy is done for altruistic reasons only. 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 Earning— 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.