Surrogacy in South Africa is governed significantly by the Childrens Act promulgated on 1 April 2010.  Apsects that are of a major discussion point include matters around surrogacy money.  the new legislation has caused certainty and confusion for surrogate programs for both commissioning parents and surrogate mothers.

 

On the matter of surrogacy money, it has impacted on the industry of third party reproduction.  For surrogacy agents, who are experienced and can offer a sought after service in respect of assistance with available surrogate moms and guidance and support around this, a fee may no longer be recovered.  The surrogacy law stipulates that commissioning parents may only incur legal and medical fees.

The major oversight with surrogacy agents not being able to recover such a fee to render a professional service where they can facilitate surrogate services is that either the service of finding and facilitating surrogate programs is not offered at all or offered pro bono.  It is unconstututional for establishments to restrict professionas from recovering a fee for genuine and professional services.  For a surrogacy agency, like baby2mom, who has gained expertise and wants to help people, this service continues on a pro bono basis, despite the fact that efforts such as advertising and predominantly time involving support, guidance and information are offered throughout the surrogate program.  In an attempt to maintain professionalism for the egg donation agency's reputation, there is no waiting list and commissioning parents can be assisted immediately depending on their surrogate profile required.

 

For surrogate moms, they may not profit from being a surrogate mom.  The surrogacy legislation is compared to the adoption legislation.  These are very different processes and motivations.  A woman needing a parent to help her with her child because she wants to give up her baby is most frequently in a situation where she does not have the means to continue her parental rights and responsibilities.

 

Surrogate mothers are not desperate.  They come forward of their own accord to assist and help.  They are willing to go through the process of artificial fertility treatments, of time, weight gain, inconvenience, discomfort, etc.  It seems unfair that they cannot receive a compensation for this. 

 

Furthermore, in egg donation, a fair amount is deemed a donation for a woman to avail herself for an egg donation program.  For surogates, a fair amount should be determined as well.  The time, effort and committment is even more so than for egg donors.

 

The same concept is applicable for the surrogacy agency facilitating the surrogacy services as for the egg donor services.  The surrogate agent   assists both parties with support, information and guidance.  For egg donor services, the egg donation agency ensures that recipients can find the right egg donor and also facilitate that the egg donor can donate eggs to the person of her choice.  The egg donor agency ensure that the parties involved in egg donation are compliant with egg donation legislative aspects, such as egg donor anonymity, egg donor donation etc.  The egg donor agency also assists with necessary travel aspects for the egg donor to make the program easier for the recipient - assisting with necessary emotional aspects. 

 

There is a great demand for egg donor services.  Egg donor agencies, especially offering online egg donor services, such as www.baby2mom.co.za bring recipients from all over the world to South Africa - contributing positively to medical tourism.  Endless words of thanks from egg donors and egg donationr recipients are poured in to the agency for making such a positive impact in such a difficult time. 

 

There is such a need for professional surrogacy services to be rendered and for legislation to support free determination of fees applicable to surrogacy.  A fair amount should also be determined for surrogate mothers.  The concept of a fair surrogate compensation could be facililitated through the surrogate lawyers who would objectively ensure that surrogate mothers receive their fair and agreed amount.  Until such time, surrogacy money aspects remain illegal and baby2mom renders professional egg donor services as well as surrogacy services to make a positive difference to people who need such delicate assistance as well as to those offering such amazing assistance of becoming surrogate mothers.