Genetic Link Requirement in Surrogacy
I feel very humbled to have been called upon as an expert witness for this landmark decision. And this is a huge victory for surrogacy. After winning this case, the attorneys can now approach the Constitutional Court and hopefully change the law as regards the genetic link requirement for surrogacy.
By Nancy Freeman-Carroll, Psy.D.
Most parents get a little nervous the first time their young child asks the question, “Where do babies come from?” This question, and the answer, are both more complicated when the child asking was conceived with assisted conception—IVF, donor egg, or donor sperm. Although it often makes parents squirm, this inquiry is an important step in a child’s awareness of himself and the people around him.
Surrogacy in South Africa is legal and it is performed for altruistic reasons. It is illegal for the surrogate mother to charge for carrying a baby for the commissioning parent/s except for the monthly expenses stipulated in Chapter 19 of the South African Children’s Act from 2005, amended 2010.
There isn’t one, central organization which one can approach to find a surrogate mother in South Africa. There are however a few options that you can explore:
Heterosexual and homosexual couples or single parents use the assistance of a surrogate mother in order to have a child.
A Surrogate Mother is a woman who agrees to carry a pregnancy for another person or a couple called the Commissioning Parent(s). There are two kinds of surrogate mothers. The preferred route to go with surrogacy in South Africa is using a Gestational Surrogate Mother.
Surrogacy in South Africa is a very expensive process. Plan your finances before you decide to embark on the journey. Depending on the legal fees, fertility clinic fees, the number of IVFs before you are successful and the surrogate mother’s monthly expenses it may cost anything between R 250 000 to R 350 000 or even more.