Surrogacy in South Africa

The Children’s Act, outlining Surrogacy in South Africa, was promulgated on the 1st of April 2010.

This legislation protects the rights of the unborn child as it outlines the responsibilities of the intended parents and surrogate mother.

The new Act is welcomed by Gift ov life as a means to control and regulate surrogacy.

This site is dedicated to providing information regarding surrogacy in general, surrogacy in South Africa and surrogacy options for intended parents. We also offer a non-profit service whereby potential surrogate mothers are asked to contact us that we can provide details of intended parents on our waiting list.

Gift ov life is a professional agency, specialising in third party reproduction, that will guide intended parents and surrogate mothers alike, referring to the relavent experienced specialists fulfilling the a medical, legal and psychological requirements for surrogacy in South Africa.

The legislation summarised:

The Intended Parents

Intended parents must domicile in South Africa.
Intended parents must have medical proof of the need for a surrogate mother.
Intended parents must have been psychologically assessed as regards their emotional disposition towards a surrogacy program.
The eggs and sperm of either one or both of the intended parents must be used for conception.
Should both intended parents be male, the intended parents are required to show a female influence in the life of the child.
Intended parents are not discriminated against based on race, relationship status or sexual preference.
Intended parents may not advertise for a surrogate mothers services.

The Surrogate Mother

The surrogate mother must domicile in South Africa.
She must undergo a medical and psychological assessment of her suitability to surrogate.
Must have had at least one successful pregnancy.
She must have at least one living child of her own.
She must be prepared to surrogate for altruistic reasons as commercial surrogacy arrangements are not permitted.

The Surrogacy Agreement

A surrogacy agreement must be drawn up.
Both intended parents, the surrogate mother and her partner/ husband must sign the agreement.
The surrogacy agreement with supporting documentation, must be presented to the High court by appropriately commissioned surrogacy attorneys, for the granting of a high court order stating that the surrogacy may proceed.
The granting of a court order results in no adoption of the child, by the intended parents, being necessary.
An Agency may not accept payment for the match and management of Surrogates and Intended Parents.

Surrogate Mothers

This website is dedicated to helping those whose path to parenthood is via surrogacy.
Should you wish to be a surrogate mother, for altruistic surrogacy, which is non-commercial surrogacy where only out of pocket expenses are reimbursed, you are welcome to contact us.
If you would like more information on assisting a couple who, without a surrogate mother, cannot have their own biological child, please email

General Surrogacy Information

How does surrogacy work?

A Surrogate is a woman who agrees to carry a pregnancy for another person or couple called the Intended Parent(s).

Who needs surrogacy?

Although many people have possibly tried all forms of Assisted Reproduction In Vitro Fertilization (IVF), Embryo Transfer and Artificial Insemination (AI), there are still people who are unable to conceive and carry a baby. Even though this is the case, some of these couples still wish to have a baby which is genetically related to them or created by using donor egg/sperm, and the only way this can be accomplished is by another woman carrying and giving birth to their baby.

What is Gestational Surrogacy?

Using the process of IVF (in-vitro fertilization) eggs are retrieved from the intended mother or egg donor’s ovaries and fertilized with the sperm of the intended father or sperm donor. Embryos are then transferred to the gestational surrogate mother’s uterus where she will carry the foetus to term and deliver a baby for the intended parents.

Why choose gestational surrogacy?

In the past adoption and/or childlessness were the only options for infertility. Now surrogacy is an alternative to adoption and/or childlessness. Many couples choose gestational surrogacy so that they can have a baby that is genetically related to one or both of them.

What is Traditional Surrogacy?

A traditional surrogate donates her eggs and acts as a surrogate for a couple. The father’s sperm is used to fertilise the surrogate’s eggs.

How do we proceed and where do we start as Intended Parents?

Consult an attorney that specialises in surrogacy. We recommend Adele van der Walt attorneys, whose details are below.
Find a surrogate mother that understands the Act and is willing to surrogate for you.

Consult a fertility specialist to progress the IVF for you. See the LINKS provided on our site.

Specialist Surrogacy Attorney
TEL: 012 460 3668