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How is Gift ov life involved in Surrogacy?
Up until the 1st of April 2010, Gift ov life operated as a Surrogacy Agency, matching surrogates with intended parents. The surrogacy laws in South Africa changed on the 1st of April 2010 and the impact thereof resulted in Gift ov life taking a decision to close its surrogacy division. We now only operate as an Egg Donor Fertility agency.
We sincerely regret having to make this decision and we do wish you all the very best in your search for a surrogate mother.
We have, however, still provided information about Surrogacy below and we sincerely hope that this will be of assistance to you.
How does surrogacy work?
A Surrogate is a woman who agrees to carry a pregnancy for another person or couple called the Intended Parent(s).
Who needs surrogacy?
Although many people have possibly tried all forms of Assisted Reproduction In Vitro Fertilization (IVF), Embryo Transfer and Artificial Insemination (AI), there are still people who are unable to conceive and carry a baby. Even though this is the case, some of these couples still wish to have a baby which is genetically related to them or created by using donor egg/sperm, and the only way this can be accomplished is by another woman carrying and giving birth to their baby.
What is Gestational Surrogacy?
Using the process of IVF (in-vitro fertilization) eggs are retrieved from the intended mother or egg donor's ovaries and fertilized with the sperm of the intended father or sperm donor. Embryos are then transferred to the gestational surrogate mother's uterus where she will carry the foetus to term and deliver a baby for the intended parents.
Why choose gestational surrogacy?
In the past adoption and/or childlessness were the only options for infertility. Now surrogacy is an alternative to adoption and/or childlessness. Many couples choose gestational surrogacy so that they can have a baby that is genetically related to one or both of them.
What is Traditional Surrogacy?
A traditional surrogate donates her eggs and acts as a surrogate for a couple. The father’s sperm is used to fertilise the surrogate’s eggs.
What are the criteria required to become a Surrogate in South Africa?
- You must have given birth to at least one child of your own
- You must be between 21 and 40 years old
- You must have had healthy pregnancies
- Your babies must have been delivered at full term (9 months)
- Your birth experiences must have been uncomplicated
- You must be physically fit and healthy
- You may not smoke, consume alcohol or use recreational drugs
- You must be emotionally stable
- You must have a healthy weight to height ratio
- You must pass the medical and psychological screening standards that are part of the program
What is the situation with same sex couples and/or singletons that want their own biological child?
There is no impediment for these people to consider surrogacy as a means by which to have their own child.
What is the current legal status on surrogacy in South Africa?
Surrogacy has always been legal in South Africa. Effective the 1st of April 2010, the law regarding surrogacy changed with the new Children’s Act 38 of 2005, which was promulgated. Chapter 19 of this Act deals with Surrogate Motherhood.
Some pertinent points regarding Surrogacy in South Africa are now as follows:
- An Agency may not accept payment for the match and management of Surrogates and Intended Parents.
- A Surrogate mother may only accept reimbursement for out of pocket expenses as payment for her surrogacy.
- A High Court Order must be awarded before any IVF commences and should include a surrogacy agreement in line with the new law.
How do we proceed and where do we star as Intended Parents?
- Consult an attorney that specialises in surrogacy. We recommend Adele van der Walt attorneys, whose details are below.
- Find a surrogate mother that understands the Act and is prepared and suitable to be a surrogate for you.
- Consult a fertility specialist to progress the IVF for you. See the LINKS provided on our site.
Specialist Surrogacy Attorney
ADELE VAN DER WALT ING/INC
TEL: 012 460 3668
ARIESSTRAAT 330, WATERKLOOFRIF, PRETORIA
www.medicallaw.co.za / www.medicalnegligence.co.za
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