Suite G1, Intercare Medfem Clinic, 1 Nursery Lane, Bryanston, Johannesburg, Gauteng , South Africa
surrogacy
What is surrogacy about?
Surrogacy is a trying journey, emotionally and financially. The finding of a surrogate mother is the first challenge, then the assessments, followed by the Court Order. Then the very real challenge of managing the process happens, and this is where support is lacking. You are left to navigate the relationship between yourself (ves) and the surrogate mother (SM); and this entails managing a healthy relationship between two parties with different personalities. It is an unfamiliar path with very little support.
Surrogate Motherhood Agreement
Of importance for you to know:
- This is a High Court Application.
- You need a medical report ascertaining you indeed need a surrogate mother- that your condition is irreversible and permanent.
- You must be domiciled in South Africa.
- At least one of your own gametes must be used – no donor gametes.
- You need to undergo various assessments – given this is a High Court Application.
Types of surrogacy
Finding a surrogate mother
- Traditional Surrogacy where the Surrogate Mother uses her own eggs for the process
- Gestational Surrogacy where the Surrogate Mother has no genetic ties to the baby
Finding a surrogate mother
Finding a surrogate mother
This is such a difficult process and you might meet various women until you find a suitable match. They can also be refused to progress further at various processes:
- The blood tests
- The ultrasound
- Their past pregnancy history or current medications
- The legal requirements such as criminal check, lack of an income and so on
- The psychological process. Remember, there are no organisations who can charge a “finders fee”. There are some attorneys who look for suitable surrogate mothers as well as non-profit organisations. All Professionals are governed by the relevant laws and accreditation in their respective disciplines. All Health Professionals shall be registered with SASREG as well as the HPCSA, and have experience in the field of surrogacy.
South African law
South Africa is governed by strict laws, by far amongst the leaders in the world, around ART. These guidelines are continually being refined.
Choosing a team
This is an expensive process and you want your application to be passed the first time around. SASREG is the governing body for Reproductive Endoscopy and Gynaecology. The HPCSA governs all health professionals and experts in terms of CPD points- Continuing Professional Development. The HPCSA expects all professionals to be registered with them and to continue developing their skills in their chosen field.
Assessment of Commissioning Parents
The Commissioning Parent/s as well as the surrogate mother, and her partner, are assessed clinically and psychometrically. This instruction is usually obtained from the referring attorney and results in a Surrogacy Motherhood Agreement.
The Commissioning Parents:
- Internal scan, blood tests and consultation with a Fertility Specialist to ascertain your condition is permanent and irreversible.
- A psychological assessment with a SASREG accredited psychologist who has experience in the forensic field of surrogacy, to ascertain your psychological readiness to proceed and your psychological fitness.
- Prior to the assessment, you will be sent a list of questionnaires and documents necessary for the assessment. These can be brought to the assessment or emailed.
Assessment of the Surrogate Mother and her partner
The Surrogate Mother and her partner:
- Internal scan, blood tests and consultation with a Fertility Specialist to ascertain she is suitable to carry a baby to term.
- These may be done at the clinic or by prior arrangement, or at a laboratory closer to her place of residence. Her husband/ partner will also undergo blood tests.
- Your surrogate mother will have to fast from 22h00 the night before her blood tests.
- The account is for the Intended Parents to settle.
- A psychological assessment with a SASREG accredited psychologist who has experience in the forensic field of surrogacy, to ascertain her psychological readiness to proceed and her psychological fitness.
- Prior to the assessment, she will be sent a list of questionnaires and documents necessary for the assessment.
Why is this assessment necessary?
All assessments result in an extensive report which is presented to the attorneys for High Court in order to protect all parties, and most importantly, the baby.
Challenges may include:
- Managing healthy boundaries.
- Managing disappointments.
- Coping with the SM’s stress, and yours (IP), during a pregnancy that you are grateful for, but is still anxiety-provoking.
- Worrying about the impending birth and the way to manage the relationship during this process and beyond
- Research has strongly emerged that stress during pregnancy, causes challenges for the unborn baby in the future. These include: Stress in pregnancy can result in babies with ADHD. Mothers stressed in pregnancy have a higher rate of miscarriage and bedrest. The children born to stressed mothers have a higher rate of personality disorders later in life. Stress can cause bedrest and early delivery
- As your surrogate pregnancy approaches delivery, it has been shown that SM’s become more emotional – given the additional medication they take, normal pregnancy hormones and the impact the last trimester has on her emotionally, support-wise and her family life. Even though she has been successfully assessed, she becomes more intolerant and impatient for the delivery, which has many fears, especially of the delivery itself.
Surrogacy Mediation
Surrogacy Mediation
Once the application has been approved and the surrogate journey commences, it has been found that the most successful outcomes are those parties who have been managed throughout.
Given that many parties live in different areas geographically, mediation is essential to manage everyone's expectations within the confines of the law, protecting the unborn baby.