A surrogate mother is a woman who gives birth to a child in the name of another woman, either from her own egg fertilized by the other woman`s partner, or from the implantation of ice fertilized by the other woman in the womb. The new law provides for a formal agreement between the surrogate mother and the “client parent,” that is, a person who enters into a surrogacy agreement with a surrogate mother. The agreement must be confirmed by the High Court and different requirements are set for the validity of such an agreement. For many couples, pregnancy is impossible and although they can adopt, they can aspire to have their own child. As success is not a given, couples often follow two or three fertility programs before opting for surrogacy. Nevertheless, they still need to be evaluated and are sometimes confronted with the heartbreaking reality of the replacement`s miscarriages. It is not an easy way out and people who have experienced the same pain of losing a child understand the real effects of failure in this regard. · There must be a medical reason to ask parents to follow the path of surrogacy before the introduction of modern technology, especially that of reproductive techniques, “traditional or partial surrogacy” was the only method available for women who did not have uteruses or uterine abnormalities to have children. Recently, artificial insemination is used to inseminate conservators so that the surrogate mother can carry the child.
The law regulates the artificial insemination of a surrogate mother. (b) loss of the surrogate mother`s income as a result of the surrogacy agreement; Or contract law in South Africa is based on two main principles, namely pacta sunt servanda (in Latin for “agreements must be respected”) and contractual freedom. These principles imply that the obligations arising from the agreement must be applied. The reality of these two principles is that they do not exist in isolation, since they are subject to legislative and judicial decisions. Despite the normal requirements of a treaty, a surrogacy contract is a single contract, as there are human rights and conflicting interests when such an agreement gives rise to a dispute. 1.) No one may artificially inseminate a woman in the performance of a surrogacy contract or assist her in the event of artificial insemination, unless such artificial insemination is authorized by a court in accordance with the provisions of this Act. 2.) Any surrogacy agreement that does not comply with the provisions of this Act is invalid and any child born as a result of measures taken to implement such an agreement is applicable to all uses considered to be the child of the woman who gave birth to that child, one or both parents mandating and the substitute must reside in the country at the time of signing the agreement. There are no forced measures, because the agreement must be established by a medical law or a substitute lawyer, must be signed by all parties and confirmed before a high court in the country. If the surrogacy trial takes place before the agreement is confirmed, surrogacy becomes invalid and the substitute becomes the child`s rightful parent. The law in South Africa is clear on the issue of parenting duties and rights. The Children`s Act explicitly regulates all the duties and rights of parents.