— Surrogacy

Various reasons could exist why people use surrogacy

Often the intended mother has no uterus or she has an abnormal uterus preventing her from carrying a baby of her own. During gestational surrogacy, an embryo created from the biological mother’s egg and father’s sperm is transferred into the uterus of the gestational carrier, who then carries and delivers the baby.

Surrogacy must adhere to certain legal and medical criteria:

  • The surrogate
    The surrogate must have a living child of their own and be in good physical-, emotional- and mental health.
  • Surrogacy agreement
    Surrogacy agreement between the surrogate and commissioning parents will have to be confirmed and authorised by the high court before any treatment commences. Chapter 19 of the Children’s Act, which relates to surrogacy, came into effect 1 April 2010. As a result prospective parents and surrogates are required to bring an application to the High Court for an order confirming the surrogacy agreement and ordering that the child/children born of the agreement and artificial fertilization process, are those of the intended parents and not that of the surrogate. This alleviates the need to undergo an adoption process. The application, collated by attorneys include:

1. An affidavit

2. A surrogacy agreement between the surrogate and commissioning parents

3. A medical, psychological- and social worker report of the surrogate and commissioning parents

The surrogate will be compensated for expenses related directly to the surrogacy and may claim for reasonable and appropriate loss of earnings that result from the surrogacy, pregnancy and birth, but she may not use this as a source of income. Furthermore, the surrogate and commissioning parents can have as much contact as they choose to, however the surrogate will have no rights to the child after birth and the commissioning parent’s names will be entered directly onto the birth certificate after birth.

*As you may imagine, there are but a few women medically, emotionally and psychologically willing and able to carry a baby for someone else. Many couples try to find someone close to them to carry their baby for them (a sister, cousin or friend). However, finding someone is not easy and Aevitas Fertility Clinic, can guide you through this process. Follow the link to read about one of our success stories.