South African Surrogacy

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Surrogacy is one woman carrying a pregnancy with the intention of being pregnant for some one else. There are two types of surrogacy:
· Gestational surrogacy - a surrogate is only the vessel and her eggs are not used in the conception. Fertilisation is outside of the body through IVF with either the commissioning parent’s eggs or donor eggs being used for conception.
· Traditional surrogacy - a surrogate also donates her eggs to the commissioning parent. Fertilisation of the eggs is likely inside the body with the sperm being artificially inseminated into her.
South African surrogacy is an option available for people with South African domicilium.

As people find a need for becoming pregnancy via surrogate motherhood, they start researching and exploring the various options worldwide. Surrogacy in South Africa offers extensive benefits for surrogate mothers and for the commissioning parents.


People search for the facts and legal aspects of surrogacy and attempt to find the easiest, most affordable and reliable aspect of surrogacy. Find all the facts about Surrogacy in South Africa.

Legalities of South African Surrogacy:
The Children's Act was promulgated in South Africa legalising the surrogacy processes required for surrogacy in South Africa.


A particular Commissioning Parent and Surrogate are encouraged to reach agreement on pertinent matters before proceeding with any further screening. It is important for both parties to the surrogacy agreement that the commissioning parent and surrogate perform the most important screening of one another. They have to be comfortable with one another. Surrogacy is a very close and intimate relationship and the parties have to be comfortable with each other.


What to Discuss in Reaching Agreement Between Surrogate and Intended Parent (IP):
Factors that should be discussed to see if surrogacy relationship can be successful include:
•Support of the surrogate’s partner and/ or family •Agreement on the fertility clinic
•Agreement on the surrogacy lawyer •Reimbursement of costs that directly relate to the surrogacy process •Insurance and/ or medical cover for the surrogacy period
•Transport to and from the fertility clinic •Agreement on whether the pregnancy will proceed in the event of abnormality or deformity •Agreement on a potential multiple pregnancy •Whether both the IP’s will attend the internal scans for the surrogate and whether she is comfortable with a man attending internal scans •How frequently the surrogate and IP will have contact •Type of birth •Whether the IP will attend the birth •What exactly will happen at the birth and whether the surrogate will see/ hold the baby •Continued contact after the birth •Nature of relationship/ friendship •Counselling for both surrogate and IP •Number of IVF attempts and period between IVF attempts •Next steps in the event of the pregnancy not proceeding for whatever reason •Actions in the event of death of the IP •Discussions in the event of the IP’s relationship status changing during the course of the pregnancy - due to divorce, death, etc. •The agreed gynaecologist after 12 weeks - if the surrogate is located in Johannesburg, she will have appointments with the fertility specialist for the first three months •Involvement of the surrogate in the event of prematurely •Breastfeeding and/ or breast milk - it is not encouraged that a surrogate breastfeed or donate her breast milk as this may create bonding issues. It is ideal that the surrogate’s body start to feel normal as quickly as possible. •When the contract/ agreement is determined as concluded •Any aspects of special mention.

Once commissioning parent and surrogate have agreed to necessary aspects, next steps include the medical and psychological screening. The surrogate is required to be medically and psychologically screened to ensure that she understands the surrogacy process and is medically fit to carry a baby.


The commissioning parent needs a medical requirement to proceed with surrogacy.


Once the medical and psychological reports are ready, these can be presented to support the legal surrogate motherhood agreement. This surrogate agreement is presented to the High Court for approval before any fertility treatment can proceed. Upon the approval of the court, the commissioning parent has parental rights and responsibilities, which means that they can register the child with their names on the birth certificate and the surrogate mother has no further responsibilities.


The restrictions are that:
· Commissioning parents and surrogates must have South African domicilium. This means residence in South Africa as well as intent to have permanent residence in South Africa.
· The surrogate must have had at least one child and have given birth
· The partner of the surrogate must be supportive of the process.
· The gametes or genes of at least one of the commissioning parents must be used in the fertility treatment.


Who Needs a Surrogate Mother:
•Homosexual male persons - who will also need egg donation
•Woman requiring IVF treatment who will require hormonal treatment and whose medical condition will be adversely affected by the artificial hormones
•Persons exposed to medical risk by being pregnant •Woman who have had a full or partial hysterectomy.
Surrogacy in South Africa affords people who otherwise would not have been able to conceive a solution to becoming parents by special people who offer to become surrogate mothers to help some one else. Legalising surrogacy means that every one knows where they stand, the expectations and the process. It also addresses the most significant areas of risk for both parties and ensures that the commissioning parent gets the baby and the surrogate is not left with the baby. Surrogacy means dreams are realised and that a surrogate mother can give of herself.

More information on South African surrogacy can be found on baby2mom Egg Donation Agency - www.baby2mom.co.za who has extyensive experience in hundreds of egg donation programs and available egg donors to participate in egg donations.