Surrogacy in South Africa: Your Guide to the Process & Rights

What is Surrogacy?

Surrogacy is a legal arrangement where a woman (the surrogate) carries a child for intended parents who may be unable to conceive naturally. In South Africa, surrogacy is strictly regulated under the Children’s Act 38 of 20052.

Who Can Apply for Surrogacy?

Intended parents must meet specific criteria:

• At least one parent must be domiciled in South Africa.
• They must prove medical infertilityor an inability to carry a pregnancy.
• The surrogate must have had at least one successful pregnancyand must be in good health.

Legal Requirements for Surrogacy Agreements

• The agreement must be in writingand signed by all parties.
• It must be confirmed by the High Courtbefore conception.
• The surrogate cannot be paidbeyond medical and pregnancy-related expenses (commercial surrogacy is illegal)2.
• If the surrogate is married or in a permanent relationship, her partner’s consentis required.

Rights of the Surrogate & Intended Parents

• Once the baby is born, legal parentageis automatically transferred to the intended parents.
• The surrogate has no parental rightsover the child.
• The intended parents are responsible for all medical costsrelated to the pregnancy.

Why Choose Surrogacy?

Surrogacy provides hope for individuals and couples struggling with infertility, including same-sex couples. South Africa’s legal framework ensures protection for all parties, making the process structured and secure.

For more information, contact our offices for  expert guidance.