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Surrogacy

Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. The intended parent or parents may arrange a surrogate pregnancy due to various reasons. No matter the reason, a surrogate can enable you to finally achieve your lifelong dream of becoming a family. 

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Is using a surrogate for me?

Surrogacy requires a great deal of time, money and patience in order to succeed, but can bring joy to all concerned if the medical, legal, financial and emotional aspects are properly considered. With surrogacy, prospective parents can fulfil their lifelong dream of completing their family. 

Same-sex couple

Surrogacy is a popular option for gay men who want to be biologically connected to their children, as well as for lesbian couples who are unable to conceive or carry a pregnancy on their own.

Pregnancy risks

Some women are unsuitable to carry the child herself, due to high-risk relating to the mother or the child. 

Other medical issues

There are cases where female fertility is an issue, rendering pregnancy or delivery impossible, risky or otherwise undesirable.

Hopeful parents considering surrogacy should be aware of the financial and emotional investment required and should ensure that they have the resources to commit to surrogacy and parenthood.

Legal and medical criteria for surrogacy

It is important to understand surrogacy law in South Africa, as well as the medical criteria of surrogacy before embarking on this journey.

The surrogate

The surrogate must have a living child of their own and be in good physical-, emotional- and mental health.

Surrogacy Agreement

In order to use a surrogate, the commissioning parents will have to be authorised and confirmed by the High Court before any treatment commences. Below it is explained what this application entails.

High Court Application Requirements

An affidavit

An affidavit is required to state the intentions and declarations of both the surrogate and commissioning parents. 

Surrogacy agreement

This is an agreement between the surrogate and the commissioned parents and ordering that the child/children born of the agreement and artificial fertilisation process, are those of the intended parents and not that of the surrogate. This alleviates the need to undergo an adoption process. 

Medical, psychological and social worker reports

These reports need to be prepared for both the surrogate and the commissioning parents.

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