Surrogacy law can have serious consequences for intended parents who choose to take the surrogacy route to have a child – go here!
Surrogacy law is like any other law. It’s there to legalize the surrogacy industry and protect the surrogate mom and intended parents, as well as the rights of the baby. All legal aspects are crucial for the success of the process, but financial aspects such as legal costs and maternity expenses also play a major role.
Surrogacy agreements can be a shock to many intended parents. They often involve a lot of time, money and emotional stress. The new Children’s Act helps them navigate the many elements and set a limit or standard for financial matters.
Surrogacy Lawyers act as the Custodians of Surrogacy Agreements
Surrogacy agreements are a highly specialized field. It is important to use specialists when selecting legal representation. Surrogacy lawyers represent both the parties and ensure that the entire surrogacy agreement is drafted in a way that protects all parties and avoids any legal problems.
The agreement between the intended parents (or surrogate) is the most important aspect of surrogacy. Without approval from the South African High Court, no surrogacy can be legally started.
Surrogacy agreements are only valid if they are in writing and signed by all parties. The surrogacy agreement must be signed in South Africa. At least one of the intended parents and the surrogate must also be domiciled in South Africa when the agreement is entered into. The agreement must be presented to the High Court in the region where the intended parents live by surrogacy lawyers.
What Surrogate Moms Should Do
A woman who is interested in becoming a surrogate mother for her intended parents must undergo counselling, therapy, and screening before she can do so. The court will approve the agreement and the parents become the legal parents. However, the surrogate mother will still be the one carrying the child in her body throughout the pregnancy.
The agreement may contain clauses that prohibit alcohol consumption or smoking, but the surrogate mother still has the option to decide whether to have a C-section or if she prefers to give birth naturally. She has the right to choose what is best for her body.
A court won’t approve a woman as a surrogate mother if she intends to do so for financial reasons. A woman cannot offer to be a surrogate mother if she is not willing to do so out of kindness towards others. The intended parents will need to cover the costs of the surrogacy, but they may not be able to pay the woman for her services.