Please enable JavaScript.
Coggle requires JavaScript to display documents.
SURROGATE MOTHERHOOD 2 (CAN A SURROGATE MOTHERHOOD AGREEMENT BE TERMINATED…
SURROGATE MOTHERHOOD 2
CONFIRMATION BY COURT
ITO s295 of Children's Act :check: a court may not confirm a surrogate motherhood agreement unless following conditions are satisfied; :red_flag:
a) commissioning parent(s) not able to give birth to child & that the condition is permanent & irreversible
-
c) surrogate mother;
- is ITO this Act, competent to enter into agreement
- is in all respects a suitable person to act as a surrogate mother
- Understands & accepts legal consequences of agreement & this Act & her rights/ obligations in terms thereof
- is not using surrogacy as a source of income
- has entered into the agreement for altruistic reasons, not commercial purposes
- Has a documented history of at least 1 pregnancy & viable delivery
- Has a living child of her own
d) The agreement includes adequate provision for contact/ care/ upbringing/ general welfare of child that is to be born in a stable home environment, including child's position in event of death of commissioning parents or one of them, or their divorce or separation before birth of child
e) In general, having regard to personal circumstances & family situations of all parties concerned, but above all interests of child that is to be born, the agreement should be confirmed
No artificial fertalisation of the surrogate mother is permitted until court has confirmed surrogate motherhood agreement :red_flag:
The artificial fertalisation must be done within 18 Months from date of confirmation of agreement, otherwise agreement lapses & woman may no longer be artificially inseminated
-
-