A new and innovative section of the Childrens’ Act no 38 of 2005 provides for surrogate motherhood. Whilst in the past this was conducted under the provisions relating to adoption, the Act now provides for surrogacy under its own section which is contained in chapter 19.

In terms of the Act, it now becomes necessary for the High Court to confirm the surrogate motherhood agreement before the commencement of the medical  procedures. The confirmation is valid for a period of 18 months.

Amongst other provisions, the Act states that both the prospective surrogate mother and the commissioning parents must be found to be “suitable”. The gametes of at least one of the commissioning parents must be used in the surrogacy process.

This practice has been involved with the surrogacy process for many years and we are able to assist with imparting of information as well as providing the necessary report regarding the suitability of both the potential surrogate and the commissioning parents.