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Fertility Law Guide

Get to Know the World of Surrogacy



A way to have a biological connection to their child, couples are choosing surrogacy. This process is becoming more popular in the national and international world.


Over time, Canada surrogacy law has made parenthood option a reality to those who wants to become parents. 


There are many people that help bring surrogacy a successful parenthood option, like the fertility specialists, fertility counsellors, attorneys and surrogacy agencies.


Medical science are always on the move to fine tune the fertility procedures and treatments. Couples who choose surrogacy in order to have a baby should be aware of the complexity of surrogacy law and how these laws will affect their lives forever.


The protection of the parents, the surrogate mother and the rights of the baby are the main objectives of a surrogacy law. The legal aspects, financial aspects like legal costs and maternity costs, are all important to make the method successful.


Surrogacy agreements are difficult sometimes for parents with regard to costs, time and emotional stress. The new Children's Act is created fortunately for parents and setting conditions for matters like finances.


Surrogacy is such a delicate matter that it is vital to get help from specialist legal representation. Surrogacy attorneys are present to ensure the whole agreement is set up to protect all parties and to prevent future legal cases. Know more about the third party reproductive law.


The most important aspect in the surrogate process is the agreement between the surrogate and the intended parents. If the agreement is not approved by the South African High Court, the surrogacy process cannot legally start.


For a woman to become the surrogate mom for intended parents, she has to subject herself with counselling, therapy and screening. The surrogate mother will carry the baby in her body the whole period of pregnancy once the court has approved the agreement.


The agreement allows for clauses like no smoking or drinking alcohol, however, the surrogate mother still can choose to have a C-section delivery or give birth naturally.


A woman is sometimes disapproved by court to become the surrogate mom when she is doing it for financial reasons only. Goodwill should be the purpose of a woman to become a surrogate.


You must think first what kind of services you would need from an adoption lawyer before hiring the person. If it is only to draw up papers and some documents, then you may just need a visit to a lawyer and not an adoption lawyer. Referrals are a good way to start your list of qualified lawyer candidates. Inquire from your families and friends about their relationship with the recommended lawyers, like were they happy with the services, etc.