South Africa is renowned for modern thinking, has positively embraced change and holds the highest ethics and morals when it comes to fertility treatments involving third parties involving donating eggs and surrogacies. 

As a general note of concern for families planning conception in the current or future, unfortunately the need for third parties to aid conception is no longer an eyebrow raising statement, for many it is the only way to have children, but in the same token, a very real answer to an absolutely desperate situation. 

Surrogacy and egg donation programs are certainly on the rise, also with an increased acceptance of these third party options as a means to conceive.  Whilst it is a specialist field all on its own, it requires a thorough understanding of the full process involved in these delicate processes.

Surrogacy In South Africa

Woman who need the assistance of surrogate mothers are those who are at risk of becoming pregnant, those who cannot become pregnant and woman who have a history of inability to conceive due to particular circumstances.  Single male and homosexual couples also need surrogates to become parents.

The topic of surrogacy is both a controversial and very interesting field.  South African surrogacy is very well documented with the introduction of the Childrens Act promulgated on 1 April 2010.  This has very serious consequences and provides very clear guidelines to surrogate mother programs for both surrogates and commissioning parents.

Prior to the legislation, the status of a surrogate agreement and surrogate program was quite uncertain leaving a feeling of uneasiness for all parties to the surrogate mother agreement parties.  This was unless a court order approved the surrogate contract, in which case, appropriate controls ensured a guaranteed outcome for all concerned.  Even before the new legislation, this was deemed best practice. 

The implications for all parties are concise and although the process may be perceived as quite lengthy and onerous, the surrogacy program is a toolkit, which really provides a well guided step-by-step experienced instruction and facilitation that is both empowering and informative.

In accordance with South African legislation, the Children's Act, an entire chapter is dedicated to surrogacy.  For surrogate mothers, there are clear requirements pertaining to who may apply to become a surrogate mother.  She must have a documented record of a successful pregnancy and have at least one living child of her own.  Her competence and clear understanding is also a factor and she is required to have domicilium in South Africa.

For commissioning parents, the requirements are quite extensive.  South African domicilium is requried, a medical requirement supporting the need for surrogacy is needed and from a genetic perspective, the gametes of either one or both of the commissioning parents is needed to conceive the child.

The surrogate agreement required to be facilitated by an attorney should be accompanies by supporting documentation.  For the surrogate mother, these include the medical approval of the surrogate to become pregnant and a psychological confirmation of her readiness to proceed with surrogacy.  Her partner is also required to sign the surrogacy agreement.

Both parties of commissioning parents are needed to sign the surrogate contract.  Reports required for surrogacy commissioning parents include the medical confirmation of the need for a surrogate to become a parent, psychological reports confirming their emotional acceptance of a surrogate program and clarity that at least one of the gametes will be used.  In the event of only male(s) being the surrogate commissioning parent(s), confirmation is required of a female influence in their lives.   This is to ensure that the child(ren) conceived in such a  fashion grow up in a balanced environment.

The surrogate agreement along with necessary reports is submitted to the High Court for approval by the appropriately commissioned surrogate attorneys.  This is needed to take place in the jurisdiction where the commissioning parent is domiciled.  Such approval relinquishes rights and responsibilities from the surrogate mother in favour of the commissioning parent.  No adoption is required and no further legalities are necessary.  The commissioned legal team proceeds with all court appearances on behalf of both parties.

SA surrogacy does not discriminate against any persons regardless of relationship status, race or sexual preference.  It is however important to state and recognise that a surrogacy agreement is facilitated by experienced surrogate attorneys or surrogacy lawyers who understand the process and requirements of judges approving these surrogate agreements.  The use of a surrogacy attorney who specialises in third party reproduction is strongly encouraged.  

It is similarly guided that a surrogate programme/ arrangement is facilitated by a professional agency who has experience and can guide and refer to necessary other professionals where required.

Internationally, South Africa’s views are regarded as forward and dynamic, yet maintaining an ethical and moral stance.  South African has promulgated the elements of surrogacy and so acted to protect all parties.  India is the only known country advocating surrogacy for profit.  Other areas have a mix of views ranging from a total ban on surrogacy in countries such as Tasmania, France, Italy and Japan - where surrogacy is completely opposed.  Ultruistic surrogacy is supported in Hong Kong and Australia.  Yet, further conditions exist pertaining to surrogacy in other areas such as Isreal, where the conditions specify the religion and requirements for the surrogate mother.  Saudia Arabia encourages restoring a woman’s fertility and to this end have undertaken the world’s first uterus transplant.

Accordingly, South Africa is at the forefront of advanced thinking and process to encourage surrogacy programs where required in the interests of building families.

Egg Donation:

The anonymity of an egg donor program in South Africa is to protect both egg donor and the recipient of donor eggs.  This confidentiality aspect encourages young healthy woman to come forward to donating eggs without further recourse as to the consequences and implications of a child that may be conceived.  Such responsibility remains with the commissioning parent who has started such a special journey and is going the extra mile to have a family.

The first egg donor program worldwide was undertaken in 1986.  South Africa is a highly sought after destination for donor egg treatment because of the advanced methods, the affordable process, availability of egg donors and ease of process.  Recipients of these special donor eggs are able to return home pregnant without any further legal consequences.  This is especially true for countries who forbid egg donation or where egg donor registries have become part of the law.  

The exact specifics pertaining to the egg donor registry can differ, but essentially can entail the egg donor registering her egg donation in a public record for accessibility by the child conceived of such donor eggs at majority age to find further details of the genetic mother.  This really disempowers recipients from keeping the conception details as an intimate matter.

It is the vast majority of cases, egg donation recipients have outright elected to keep the egg donation matters highly private.  With a well matched egg donor, this is a very feasible option and well supported in South Africa.

South African legislation supports the birth mother as the legal mother, which therefore indicates that no contract is required between egg donor and commissioning parent.  Only the egg donor agency and fertility clinic have records pertaining to the egg donor program.

It is also the egg donation agent’s responsibility to keep accurate records of egg donor donations to ensure that no more than five pregnancies are achieved per egg donor.

South African embraces egg donation and protects egg donors and recipients by prescribing anonymity.  It is also vitally important that the donation specifications of both recipients and donors are guaranteed and respected.  E.g. single people should not receive donor eggs from egg donors who only elect to donate only to persons who are in a relationship.  Part of running an ethical program is being mindful of the feelings and pre-requisites of egg donors whilst assisting recipients with their preferred egg donor.

The concept of egg donation and surrogacy is a wonderful miracle and in South Africa an established program exists to guide and facilitate such special arrangements.  Egg donors and surrogates are moved to help in such a phenomenal way and the appropriate legislation and controls really enables and empowers all parties.

With the fertility plight on the increase, the introduction of egg donation and surrogacy serves not only to mend broken hearts but also to aid the portion of population struck with infertility or who requires such assistance to conceive.  Furthermore, South Africa is a modern country, which facilitates appropriate treatment with third parties for all persons without any discrimination.  More information on donating eggs and surrogacy can be obtained from www.baby2mom.co.za - baby2mom Egg Donation Agency.