The latest guidelines for surrogacy agreements

According to a recent ruling by Judge Neukircher at the High Court in Pretoria, the existing children of a woman who agrees to act as a surrogate must be psychologically assessed before an agreement can be sanctioned. Current guidelines include that a surrogate mother must have a documented history of at least one pregnancy, a “viable delivery”, and a living child of her own.

In her ruling, she laid down further guidelines to be followed in surrogacy agreements that come before courts for approval, these guidelines are in terms of the Constitutionally entrenched principle of the “best interest of the child”.

Judge Neukircher stated that “Were it to be found that the surrogacy may have a harmful effect on their psychological well-being, this would be a factor that a court would be able to weigh up in the consideration of whether the agreement should be confirmed or not.”

Should you require any assistance or advice in impending divorce proceedings, contact our Family Law specialists at 041 363 6044 or info@kaplans.co.za for sound legal advice.