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Egg donations are quite topical in the field of fertility treatments. So the surrogacy process also warrants elaboration to ensure all are on the same page.
Surrogacy is one woman carrying a pregnancy with the intention of being pregnant for some one else. There are two types of surrogacy:
Gestational surrogacy - a surrogate is only the vessel and her eggs are not used in the conception. Fertilisation is outside of the body through IVF with either the commissioning parent’s eggs or donor eggs being used for conception.
Traditional surrogacy - a surrogate also donates her eggs to the commissioning parent. Fertilisation of the eggs is likely inside the body with the sperm being artificially inseminated into her.
The surrogacy process is similar in terms of approvals, etc for both types of surrogacies.
Surrogacy in South Africa was formalised in April 2010 with the promulgation of the new Childrens Act, which contains a dedicated chapter on surrogacy.
Before commissioning parents can embark on a surrogate program, confirmation is required that they can proceed in accordance with the legislation governing surrogacy in South Africa. For commissioning parents, they need to:
· Have domicilium in South Africa - meaning the intent to have permanent residence in South Africa
· At least eggs or sperm of the commissioning parents must be used - you cannot have three third parties.
· There must be a medical requirement supporting the need for surrogacy.
Commissioning parents are then introduced to potential surrogate mothers after the profiles of each party is agreed with them. They are given a list of matters to discuss to reach agreement to see if consensus will be reached and if a feasible relationship can pursue. Once agreement is reached, formal assessments are undertaken on both sides:
· Medical confirmation for surrogate and for commissioning parent - the latter would probably have been done prior to starting the surrogate program.
· Social assessments for both parties supporting the confirmation that a surrogate mother is able to proceed with this relationship and too that the commissioning parent understands the process and is emotionally ready to proceed and to become parents.
· Additional supporting documents may be required and will be advised by the facilitating attorney specialising in surrogacy.
In the event of the one of the parties not consenting to proceed, they are referred to someone else.
The surrogate contract is then compiled and agreed to between both parties. The partners of both the commissioning parents and surrogate are required to sign the contract. This, along with the supporting documentation is submitted to the High Court for approval. Only upon this, may embryos be transferred into the surrogate mother. The effect of the high court approval is that the commissioning parents have all rights and responsibilities associated with the child. These are relinquished from the surrogate. This provides extensive control and assurance for all parties. No adoption is required.
The timing of the surrogacy program is really dependent on how quickly the commissioning parents proceed with all and can all happen as quickly as they proceed with relevant appointments.
Costs involved in surrogacy include legal costs, medical costs, psychological assessments and costs to reimburse surrogates for her loss of income. The exact amounts of these costs differ depending on the provider and circumstances.
In accordance with the Childrens Act governing Surrogacy in South Africa, surrogate mothers are required to have had a child before, have at least one living child, be a medically and psychologically competent to carry a baby and have domicilium in South Africa.
Surrogacy is a highly legalised process and it is strongly encouraged to proceed with the surrogacy process under the guidance of appropriate professionals who are very skilled in the surrogacy matters, including surrogacy attorneys. For referrals in terms of fertility consulting, egg donor clinics, assistance with egg donor services, surrogacy advise and surrogate lawyers, consult baby2mom Egg Donation Agency on www.baby2mom.co.za
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