Surrogate Mother FAQ

1Question: Is surrogacy legal?
Answer: Yes, surrogacy is governed under the new Childrens Act, implemented 1 April 2010
2Question: What are the requirements to be a surrogate?
Answer: A healthy woman who has has at least one viable pregnancy and has one child and who has South African domicilium.
3Question: Who is the legal mother of the child?
Answer: The commissioning parents following an appopriate legal process relinquisning all rights and responsibilities of the child from the birth mother (surrogate) to the commissioning parents, so the later are the legal guardians of the child - even before the child is conceived.
4Question: Can I get paid as a surrogate?
Answer: The surrogacy legislation does not allow a surrogate to profit from proceeding through a surrogate mother arrangement.
5Question: Am I liable for the costs?
Answer: All costs associated with the surrogacy will be for the account of the commissioning parent.
6Question: Will I need a contract?
Answer: Yes, legislation requires all surrogacy arrangements to be confirmed by a surrogate contract and approved by the High Court.
7Question: Do I meet the commissioning parents?
Answer: Yes, definately. Surrogacy is an intimate and personal relationship and both parties need to be comfortable with one another.
8Question: Do the commissioning parents need to live in the same area?
Answer: Not necessarily. As long as commissioning parents and surrogates agree the logistics, whatever is right for both parties.
9Question: Does it influence the process if I smoke?
Answer: It is preferable that the surrogate does not smoke and usually commissioning parents want a surrogate who does not smoke.
10Question: Can I become a surrogate if I have been sterilised (had my tubes tied)?
Answer: Yes, you can become a surrogate if your tubes have been tied as the embryos are implanted directly into the uterus.
11Question: How exactly does the surrogate program work?

Answer: Commissioning parent and surrogate mother meet to see if a feasable surrogacy relationship is possible. Agreement of, inter alia, the following is discussed:

  • Scheduling of necessary medical screening confirming the surrogates medical suitablity to become pregnant
  • Scheduling of psychological assessment - confirming the surrogate's maturity and understanding of the surrogacy process and offering emotional support
  • Finalising of the surogate mother contract - as directed by the surrogacy attorneys
  • Synchronisation of menstrual cycles of surrogate mother and commissioning parent if her eggs are used (or egg donor's cycle)
  • Approval of the surrogate contract by the High Court -as facilitated by the surrogate attorneys. This means that the surrogate mom does not have any rights and responsibilities over the child. It is also means that the commissioning parents cannot change their mind. The child born of surrogacy is theirs even before the surrogate mom becomes pregnant. This protects both parties.
  • Preparation of surrogate's womb for pregnancy through hormones as directed by treating fertility specialist. This will involve both oral and intramuscular injections.
  • Necesary prescribing of medication to maintain the surrogacy pregnany for for the first three months - oral medication and injections as directed by treating fertility specliast.
12Question: How many embryo transfer attempts are made?
Answer: This as as per agreement between the parties to the surrogate motherhood agreement and will also be specified in the surrogacy agreement.
13Question: What kind of relationship will develope between surrogate mom and commissioning parent?
Answer: This is as per agreement between the parties to the surrogate agreement even before the process starts.
14Question: How do I complete an application form?
Answer: If you are interested in proceeding as a surrogate mom and think you have the traits to give this amazing gift, please proceed please contact the surrogate lawyer by clicking the button below.