Q&A: All you need to know about surrogacy

accreditation

Q: How do I start the process of becoming a surrogate?

A: There are many clinics in South Africa you can approach, including many established and respected fertility clinics. Contact the Surrogacy Advisory Group  http://www.surrogacy.co.za/ for more information – they will point you in the right direction and tell you anything else you need to know.

Q: Is there a legal process to follow?

Yes. Before anything can be done medically the surrogate and the commissioning parents need to obtain a High Court agreement laying out the terms and conditions of the surrogacy. No clinic will proceed with the process before this has been obtained.

Counselling is also imperative to the process – the idea of surrogacy can be very different to the practical reality and surrogates need to be fully informed of the legal ramifications, the emotional cost and the expectations.

Q: Does a surrogate mom have any legal rights to the baby?

A: If a surrogate’s own eggs are used in the fertilization process she has the right to give notice of her intention to keep the child within 60 days of the birth – just as in the adoption process. If her eggs are not used in the process, she has no rights to the baby.

Q: Does any money exchange hands between the commissioning parents and the surrogate?

The New Children’s Act of 2010 stipulates that no commercial surrogacy be permitted and no money may change hands. The only payment between commissioning parents and surrogate is for out-of-pocket expenses directly related to the pregnancy and all the medical costs. Women don’t go into surrogacy for commercial gain – it is purely altruistic.

Q: If the Constitutional Court upholds the ruling that there need be no genetic link in surrogacy, will commissioning parents have an idea who the egg and sperm donors are?

A: They won’t be told who the donors are but they will be shown pictures of the donors as children and be told their professions, talents and hobbies as well as physiological things like the colour of their eyes and skin, how tall they are, etc.

Surrogacy: What the proposed new law means

Robynne’s story: “We had a baby via a surrogate”

Diane’s story I was a surrogate – after having twins via artificial insemination

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
Gauteng DA leader Solly Msimanga says the party's voters want it to explore conditional coalition talks with the ANC. 
Please select an option Oops! Something went wrong, please try again later.
Results
It's a step in the right direction. An ANC-DA coalition would be the most stable option for SA
32% - 3839 votes
The DA should focus on working with all opposition parties, including the EFF, to unseat the ANC
14% - 1714 votes
The DA should rather remain in opposition than form a coalition with the ANC or the EFF
53% - 6271 votes
Vote
Rand - Dollar
17.28
-1.6%
Rand - Pound
20.86
-2.7%
Rand - Euro
18.02
-2.7%
Rand - Aus dollar
11.75
-3.4%
Rand - Yen
0.13
-2.4%
Gold
1,769.59
+1.1%
Silver
22.18
+4.3%
Palladium
1,890.69
+2.7%
Platinum
1,041.50
+3.5%
Brent Crude
83.03
-0.2%
Top 40
68,564
+2.6%
All Share
74,828
+2.3%
Resource 10
73,434
+2.8%
Industrial 25
90,489
+2.7%
Financial 15
16,396
+1.7%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE