Children's Act, 2005 (Act No. 38 of 2005)Chapter 19 : Surrogate Motherhood297. Effect of surrogate motherhood agreement on status of child |
| (1) | The effect of a valid surrogate motherhood agreement is that— |
| (a) | any child born of a surrogate mother in accordance with the agreement is for all purposes the child of the commissioning parent or parents from the moment of the birth of the child concerned; |
| (b) | the surrogate mother is obliged to hand the child over to the commissioning parent or parents as soon as is reasonably possible after the birth; |
| (c) | the surrogate mother or her husband, partner or relatives has no rights of parenthood or care of the child; |
| (d) | the surrogate mother or her husband, partner or relatives have no right of contact with the child unless provided for in the agreement between the parties; |
| (e) | subject to sections 292 and 293, the surrogate motherhood agreement may not be terminated after the artificial fertilisation of the surrogate mother has taken place; and |
| (f) | the child will have no claim for maintenance or of succession against the surrogate mother, her husband or partner or any of their relatives. |
| (2) | Any surrogate motherhood agreement that does not comply with the provisions of this Act is invalid and any child born as a result of any action taken in execution of such an arrangement is for all purposes deemed to be the child of the woman that gave birth to that child. |