Surrogacy in South Africa

Surrogacy at PTA Fertility Centre

Surrogacy offers a path to parenthood for individuals and couples who cannot carry a pregnancy themselves. South Africa has one of the world's most progressive and well-regulated surrogacy frameworks, providing legal certainty for all parties involved.

PTA Fertility Centre provides the medical component of surrogacy — IVF treatment, embryo transfer to the surrogate, and pregnancy monitoring — while working alongside legal professionals who handle the court application and legal agreements.

South African Surrogacy Law

Surrogacy in South Africa is governed by Chapter 19 of the Children's Act (Act 38 of 2005). Key legal requirements include:

High Court Application

A surrogacy agreement must be confirmed by the High Court BEFORE any fertility treatment begins. This is not optional — it is a legal requirement. The court application ensures that:

All parties have given informed, voluntary consent
The commissioning parents have a genuine medical need for surrogacy
The surrogate is suitable and understands the implications
The best interests of the future child are protected
Financial arrangements are transparent and ethical

Legal Requirements

Commissioning parents must demonstrate medical need — The woman must be unable to carry a pregnancy due to medical reasons, or there is no female partner
Surrogate must be a South African resident — She must have at least one living child of her own
Genetic link required — At least one commissioning parent must be genetically related to the child (provide egg or sperm)
No commercial surrogacy — The surrogate may only be compensated for reasonable expenses, not paid a fee for carrying the child
The child belongs to commissioning parents from birth — Unlike many countries, the surrogate has no legal claim to the child once the court order is in place

The Surrogacy Agreement

A comprehensive surrogacy agreement is drafted by specialised legal practitioners and must cover:

Consent of all parties (and the surrogate's partner if applicable)
Financial arrangements and expense coverage
Medical decision-making during pregnancy
Termination of pregnancy provisions
What happens if the relationship between parties breaks down
Surrender of the child to the commissioning parents

Medical Criteria

From a medical perspective, surrogacy at PTA Fertility Centre involves:

Full fertility assessment of commissioning parents
Medical and psychological screening of the surrogate
IVF cycle using commissioning parents' gametes (or donor gametes with at least one parent's genetic material)
Embryo transfer to the surrogate's prepared uterus
Pregnancy monitoring of the surrogate

Emotional Considerations

Surrogacy is emotionally complex for all parties. We strongly recommend:

Psychological counselling — For commissioning parents and surrogate before, during, and after the process
Clear communication — Establishing expectations and boundaries early
Support networks — Connecting with other surrogacy families for peer support
Legal clarity — Ensuring all parties understand their rights and obligations

Related Resources

FAQ

Surrogacy FAQ

How long does the surrogacy process take?

From initial consultation to pregnancy, the process typically takes 12-18 months. The High Court application alone can take 3-6 months. Factor in finding a surrogate, legal processes, and the IVF cycle itself.

Can international patients pursue surrogacy in South Africa?

Yes, but at least one commissioning parent must be domiciled (permanently living) in South Africa at the time of the court application. This is a legal requirement that cannot be bypassed.

How do I find a surrogate?

Surrogates may be found through personal networks (friends, family) or through surrogacy agencies. PTA Fertility Centre does not recruit surrogates but can guide you to appropriate agencies and legal practitioners.

What are the costs of surrogacy?

Costs include legal fees (court application), IVF treatment, surrogate expenses (medical, maternity clothing, travel, loss of income), and agency fees if applicable. Total costs vary significantly.

Is the surrogate the legal mother?

No. Once the High Court confirms the surrogacy agreement, the child is legally the child of the commissioning parents from the moment of birth. The surrogate has no legal parental rights.