Surrogacy Laws
South Africa has legislations that deals specifically with Surrogacy Agreements that was promulgated on 1 April 2010 The Children’s Act 38 of 2005.

When couples first consider to seek the assistance of a surrogate mother to help make their dream of a child come true it is of the utmost importance that they seek the assistance of a specialised attorney, such as Adele van der Walt Attorneys. Even if the chosen surrogate mother is a close family member or friend the drawing up of a surrogacy contract should never be overlooked as this could lead to unnecessary complications. Your attorney will discuss all the various requirements in terms of the Act that are involved to both parties, the commissioning parents and surrogate mother. Furthermore the spouse of the surrogate mother will also have to be present as he will have to give his written consent to the surrogacy agreement. Only once your surrogacy agreement has been drawn up and signed by all parties, confirming that everybody understands what is to be expected of them a Court Application will be finalised obtaining a court order and In-Vitro fertilisation will follow thereafter.

If you are about to enter into a surrogacy agreement and require more information on the South African surrogacy laws, be sure contact Adele van der Walt Attorneys. Our knowledge and experience of surrogacy contracts will be able to give you the peace of mind that everything is done accordingly, minimising any possible disagreement or disappointment and thus ensuring that this remains the joyous experience it ought to be.

For more information on this subject, please give us a call at (SA) or e-mail us at

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