Quick Summary
Surrogacy in South Africa is a legal option for couples who cannot have children of their own. The process involves finding a suitable surrogate, drafting a legal agreement, and undergoing assessments. While compensation for the surrogate is limited to medical expenses and loss of income, the altruistic nature of surrogacy is emphasized. It is recommended to seek legal assistance to navigate the process effectively.
Introduction
Surrogacy is a topic that has gained significant attention in recent years as more couples and individuals explore alternative options for starting or expanding their families. In South Africa, surrogacy offers hope to those who are unable to have children of their own due to medical conditions or infertility.
In this blog post, we will delve into the world of surrogacy in South Africa, exploring its various aspects such as the types of surrogacy available, the legal framework surrounding it, and how one can navigate through the process effectively. We will also address frequently asked questions about surrogacy so that you can gain a comprehensive understanding of this option.
Whether you are considering becoming a surrogate mother or looking for information on finding a suitable surrogate within South Africa’s borders – our aim is to provide valuable insights and guidance throughout your journey.
Join us as we embark on an exploration into the realm of surrogacy in South Africa!
What is Surrogacy?
Surrogacy is a viable option for couples who are unable to have children of their own due to medical conditions or infertility. It involves another woman, known as the surrogate mother, carrying and giving birth to a child on behalf of the intended parents.
There are two main types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate’s own eggs are used in conception through artificial insemination. This means that she will be genetically related to the child she carries for the intended parents.
On the other hand, gestational surrogacy has gained popularity due to its legal protection provided by South African legislation governing this practice. In gestational surrogacies, embryos created using either one or both genetic materials from commissioning parents (intended parent/s) are transferred into the uterus of the surrogate mother. This means that the genetic material used in conception does not belong to the surrogate, and she will not have any biological relationship with the child born through gestational surrogacy. This type of surrogacy is preferred by many as it provides a legal framework that protects the interests of both commissioning parents and the surrogate mother.
Surrogacy in South Africa
In South Africa, surrogacy is a regulated process that requires the involvement of legal agreements and approval from the High Court. The legislation governing surrogacy can be found in Chapter 19 of the Children’s Act no 38 of 2005.
Surrogate Motherhood Agreement
To proceed with surrogacy, commissioning parents must enter into a surrogate motherhood agreement which outlines their intentions and responsibilities as well as those of the surrogate mother. This agreement needs to comply with Section 295 of the Children’s Act for it to be legally valid.
Criteria for Surrogacy
The criteria for approving a surrogate motherhood agreement are outlined within this section. According to these guidelines, women who have been diagnosed by fertility experts with serious medical conditions or ongoing infertility may qualify for surrogacy services. Additionally, men who are single or in same-sex relationships can also pursue parenthood through surrogacy if at least one intended parent has genetic ties to the child.
Finding a Suitable Surrogate
Finding a suitable surrogate is an important step in this journey towards parenthood. Commissioning parents often explore various avenues such as reaching out within their own networks or seeking assistance from reputable fertility clinics specializing in assisted reproductive technologies like IVF (in vitro fertilization). These clinics typically have access to potential candidates willing to act as gestational carriers on behalf of others.
It should be noted that while there might not always be guarantees regarding finding an ideal match immediately due to individual circumstances and preferences involved; however working closely together with professionals experienced specifically dealing cases related will increase chances success.
The Surrogacy Process
Surrogacy is a complex process that involves several steps to ensure the well-being of all parties involved. Here are the key stages in the surrogacy journey:
Finding a Suitable Surrogate:
The first step for commissioning parents is to find a suitable surrogate who will carry their child. This can be done through personal connections, referrals from fertility clinics, or working with surrogacy agencies like Wijnland Fertility Clinic.
Drafting a Surrogate Motherhood Agreement:
Once both parties have agreed on moving forward, it’s essential to draft and sign a legal agreement known as the surrogate motherhood agreement. This document outlines each party’s rights and responsibilities during and after pregnancy.
Undergoing Psychological and Medical Assessments:
Both the intended parents (commissioning couple) and potential surrogate undergo thorough psychological assessments conducted by professionals experienced in reproductive health matters. This ensures everyone understands their roles emotionally throughout this emotional journey. Medical evaluations are also carried out on both sides – ensuring physical fitness for conception, pregnancy, and delivery. The medical assessment includes screening tests such as blood work, hormone levels, Ultrasound scans, etc., to determine if there are any underlying conditions that may affect successful outcomes.
Responsibilities of Commissioning Parents:
Commissioning parents bear various responsibilities throughout this process. Firstly, the financial aspect – they need to cover all expenses directly or indirectly associated with surrogate pregnancy, including but not limited to medical fees, surrogate compensation, counseling services, living expenses during pregnancy and postnatal care. Secondly, it’s important for them to be present throughout the process, to offer emotional support and solidarity with the surrogate mother. Last but not least, is ensuring that they are prepared to parent the child after birth by creating a nurturing environment for the growing family unit. These responsibilities should be outlined in the surrogate motherhood agreement.
Compensation for the Surrogate Mother:
In South Africa, surrogacy is strictly regulated and can only be done on an altruistic basis. This means that surrogate mothers cannot receive payment beyond reimbursement of medical expenses, loss of income during pregnancy, and costs directly related to the surrogate pregnancy. This ensures that commercial exploitation or coercion are not factors in this process. The primary focus remains on the health and well-being of all parties involved rather than financial gain.
It’s important to note that each surrogacy journey is unique and may have additional steps depending on individual circumstances. It’s recommended that commissioning parents seek legal advice from experts in surrogacy, specifically fertility law, to ensure a comprehensive understanding of the process as it relates to their individual situation.
Surrogacy Services in South Africa
Wijnland Fertility Clinic, located in Cape Town, is a reputable clinic that offers surrogacy services to couples who are unable to have children of their own. With a pool of surrogate mothers available, the clinic provides comprehensive support throughout the entire surrogacy process.
One key aspect emphasized by Wijnland Fertility Clinic is gestational surrogacy. This type of surrogacy involves using the eggs from either one or both commissioning parents and fertilizing them with sperm through IVF (in vitro fertilization). The resulting embryos are then transferred into the uterus of the chosen surrogate mother for pregnancy and childbirth. Gestational surrogacy ensures legal protection for all parties involved as it establishes clear genetic parentage rights.
For individuals considering becoming surrogate mothers themselves, Wijnland Fertility Clinic has developed a questionnaire designed to determine eligibility criteria. Potential candidates must meet certain requirements such as having a viable uterus capable of carrying a healthy pregnancy until full term, being under 40 years old at the time they apply, and possessing documented evidence demonstrating previous successful pregnancies and deliveries.
By offering these specialized services along with personalized care tailored to each couple’s unique circumstances, Wijnland Fertility Clinic strives to make dreams come true for those seeking alternative paths towards parenthood through assisted reproductive technologies like gestational surrogacy.
Frequently Asked Questions
Why do couples or individuals choose surrogacy?
Couples or individuals may choose surrogacy for various reasons. Some common reasons include:
- Medical Conditions: Surrogacy provides an option for couples who are unable to conceive and carry a pregnancy due to medical conditions such as uterine abnormalities, recurrent miscarriages, or the absence of a uterus.
- Infertility Issues: Couples struggling with infertility may opt for surrogacy when other fertility treatments have been unsuccessful.
- Same-Sex Couples: Surrogacy allows same-sex male couples to have biological children by using their sperm in conjunction with either an egg donor or gestational surrogate.
- Genetic Concerns: In cases where there is a risk of passing on genetic disorders, intended parents might consider using donated eggs along with a gestational surrogate to ensure healthy offspring.
- Previous Pregnancy Complications: If previous pregnancies resulted in severe complications that could endanger the health of both mother and child during future pregnancies, some women may turn to surrogates instead.
Why do women become surrogate mothers?
Women decide to become surrogate mothers out of compassion and empathy towards those facing difficulties conceiving naturally. Some motivations behind becoming a surrogate mother include:
- Compensation: While altruism plays an important role in many cases, surrogate mothers often receive financial compensation which can help them support themselves financially while helping others build families.
- Personal Experience: Women who had positive experiences during their own pregnancies want to share this joyous experience with those unable to conceive naturally.
- Empathy: Many potential candidates feel empathetic toward infertile people’s struggles after witnessing friends’ or family members’ challenges.
