Surrogacy Insights

• Surrogacy is legal – Chapter 19 of the Children’s Act 38 of 2005.
• One or both intended parents and surrogates must be residents.
• The High Court must ratify a surrogacy agreement in the jurisdiction where the intended parents live.
• A pre-pregnancy court order ensures the names of the intended parents on a birth certificate.
• Only uncompensated surrogacy is permitted, but surrogates can be reimbursed for pregnancy-related expenses.
• A surrogate has no right to claim the child for herself.
• At least one intended parent must be genetically related to the child.
• Intended parents are listed on the birth certificate.