Children's Act, 2005 (Act No. 38 of 2005)Chapter 19 : Surrogate Motherhood301. Payments in respect of surrogacy prohibited |
| (1) | Subject to subsections (2) and (3), no person may in connection with a surrogate motherhood agreement give or promise to give to any person, or receive from any person, a reward or compensation in cash or in kind. |
| (2) | No promise or agreement for the payment of any compensation to a surrogate mother or any other person in connection with a surrogate motherhood agreement or the execution of such an agreement is enforceable, except a claim for — |
| (a) | compensation for expenses that relate directly to the artificial fertilisation and pregnancy of the surrogate mother, the birth of the child and the confirmation of the surrogate motherhood agreement; |
| (b) | loss of earnings suffered by the surrogate mother as a result of the surrogate motherhood agreement; or |
| (c) | insurance to cover the surrogate mother for anything that may lead to death or disability brought about by the pregnancy. |
| (3) | Any person who renders a bona fide professional legal or medical service with a view to the confirmation of a surrogate motherhood agreement in terms of section 295 or in the execution of such an agreement, is entitled to reasonable compensation therefor. |