Nurture Egg Donor Program
Surrogacy Advice & Support
Surrogacy advice & support can make a meaningful difference when starting a surrogacy journey in South Africa. For many people, surrogacy brings hope alongside uncertainty, questions, and strong emotions. Having clear, reliable information helps create a sense of stability and confidence as you consider the path ahead.
What is Surrogacy?
Surrogacy is a legally regulated process where a woman (the surrogate) carries a pregnancy for another person or couple, referred to as the intended parents. The intention from the start is that the child will be raised by the intended parents after birth.
In surrogacy, the roles of everyone involved are clearly defined and supported by South African law. Intended parents are the individuals who plan to become the child’s legal parents, while the surrogate mother agrees to carry the pregnancy on their behalf. In South Africa, the surrogacy agreement must be confirmed by the High Court before any fertility treatment begins, providing legal certainty and protecting the intended parents, the surrogate, and the child. This structure is guided by formal agreements and professional oversight throughout the process.
Surrogacy in South Africa
Surrogacy in South Africa became a clearly regulated process on 1 April 2010, when the new Children’s Act came into effect. Before this, there was no formal legal framework, leaving both intended parents and surrogate mothers without proper protection or guidance.
The Children’s Act changed this by:
- Providing clear legal definitions of surrogacy.
- Outlining the rights and responsibilities of surrogate mothers and intended parents.
- Placing the best interests of the child at the heart of every surrogacy arrangement.
For anyone considering surrogacy in South Africa, whether directly or through a fertility clinic, the Act ensures that the process is transparent, secure, and legally enforceable once confirmed by the High Court. It gives intended parents peace of mind, while also protecting the dignity and rights of surrogate mothers.
Key legal protections in South Africa
- High Court confirmation is required before treatment starts
- Clear legal roles for intended parents and surrogate
- Screening and professional oversight support informed consent
- The child’s best interests are central
Legal Requirements for Surrogacy in South Africa
Surrogacy requirements in South Africa are governed by law, and each arrangement is guided by qualified legal and medical professionals. While individual circumstances differ, the legal framework sets out several core principles that apply to all surrogacy arrangements.
Altruistic Surrogacy
Surrogacy in South Africa must be altruistic. A surrogate mother may not receive payment for carrying a child, although reasonable pregnancy-related expenses may be covered (for example, medical costs not covered by medical aid, travel for appointments, maternity clothing, and loss of earnings where applicable)
Genetic Link
At least one intended parent must contribute genetic material (an egg or sperm) for the agreement to be legally approved by the High Court.
High Court Approval
All surrogacy agreements must be confirmed by the High Court before the surrogacy process can begin. This step ensures that the rights of the child, the surrogate mother, and the intended parents are protected.
Psychological and Medical Screening
Both the intended parents and the surrogate mother undergo psychological and medical assessments. These screenings support informed consent and readiness, and are coordinated by qualified professionals.
The Surrogacy Process in South Africa
The surrogacy process in South Africa follows a structured process designed to provide legal clarity and stability for everyone involved. The steps below offer a high-level overview rather than procedural detail. Timelines vary depending on legal preparation, matching, and clinical scheduling.
Legal Preparation
The process begins with legal consultation and the drafting of a surrogacy agreement. This agreement is submitted to the High Court for approval before any medical treatment takes place.
Fertility Treatment
Once court approval is granted, fertility treatment is carried out through a registered fertility clinic, in line with the approved surrogacy agreement.
Pregnancy and Birth
The surrogate mother carries the pregnancy, supported by her medical care team. Throughout this time, the arrangement remains governed by the court-approved agreement.
Parental Rights at Birth
From birth, the intended parents are recognised as the legal parents of the child, in accordance with South African law.
Nurture’s Role in Surrogacy Support
Nurture supports intended parents who are exploring surrogacy in South Africa by volunteering as a compassionate point of contact and support. Nurture is not a surrogacy agency and is not involved in finding surrogates, matching, or managing any part of the legal or medical surrogacy process. We also do not provide legal or medical advice.
Our role is to offer emotional support and practical signposting - helping intended parents understand what professional support is typically involved in a South African surrogacy journey and where to access it. All legal and medical guidance, assessments, and formal decisions must be provided by appropriately qualified surrogacy professionals, including surrogacy attorneys, fertility clinics, and psycho-social practitioners.
Recognising the need for a dedicated, non-profit support structure, Nurture partnered with South African surrogacy attorney Robynne Friedman to establish the Surrogacy Advisory Group (www.surrogacy.co.za), a volunteer-led initiative that offers:
- A supportive space for intended parents and potential surrogates to connect and ask questions
- Emotional support throughout the surrogacy journey
- Referrals to an established network of specialist surrogacy professionals for formal legal, medical, and psycho-social support
Learn More
For trusted resources and professional referrals for surrogacy in South Africa, visit www.surrogacy.co.za
Medical Aid Plans Supporting Surrogacy
Surrogacy in South Africa is legal, regulated, and costly. Medical aid coverage varies, so knowing your provider’s stance is key. For a comprehensive guide explaining what’s covered, what’s not, and what to expect from South African medical aid plans when pursuing surrogacy, visit: Medical Aid Plans Supporting Surrogacy
Frequently Asked Questions
Guidance and Support Throughout the Surrogacy Journey
Surrogacy in South Africa involves important legal, emotional, and financial considerations, including the cost of surrogacy in South Africa and the professional support required. With the right legal and medical experts in place, and a strong emotional support network, the process can feel more manageable. Nurture does not provide legal or medical advice and is not involved in matching or managing surrogacy arrangements. Instead, we support intended parents by volunteering as a caring point of contact and by directing you to the Surrogacy Advisory Group (www.surrogacy.co.za) for resources and referrals to qualified surrogacy professionals.