MLT
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Surrogacy is more than a court application. It is an emotional journey

Whether you are an intended parent or considering becoming a surrogate, we walk beside you through the legal phase of the surrogacy journey, handling every aspect with care, compassion and empathy.

An experienced surrogacy lawyer beside you

Best for
Intended parents & surrogates
Governed by
Children's Act 38 of 2005
Basis
Altruistic only
Key step
High Court confirmation

Choosing an experienced surrogacy lawyer ensures that bringing the surrogacy application to court is a smooth and stress-free process.

Surrogacy in South Africa is governed by the provisions in the Children's Act 38 of 2005, and must be confirmed by a High Court order in order to become binding on both the surrogate mother and the intended parent(s). This legal framework ensures that the surrogate and the commissioning parents are protected from the outset. A surrogate mother may only carry the pregnancy for altruistic reasons, meaning she can only be paid for medical and related expenses.

At MLT Attorneys we understand that surrogacy is more than just a court application. From our initial consultation with both the intended parents and the surrogate, we walk beside you in this legal phase of the surrogacy journey to ensure that all the legal aspects are handled with sensitivity and ethically.

What we help with

From the first consultation to the confirmation hearing, we handle the legal aspects so your surrogacy journey can move forward with certainty.

Consultations

Initial consultations for both intended parents and prospective surrogates, explaining the process, the timeline and what to expect.

The surrogacy agreement

Drafting and reviewing the surrogacy agreement so the rights of all parties, and the child, are clearly protected from the outset.

The High Court application

Preparation and filing of the High Court application, and representation at the confirmation hearing before conception.

Screening & registration

Guidance on medical screening and psychological assessment requirements, and on post-birth birth registration and related matters.

More on family law

Every family begins with a single, hopeful step. We walk beside you through the legal one.

What to expect

From your first consultation, we walk beside you through each legal step of the journey to parenthood.

Step 01

Consultation

We meet with both the intended parents and the surrogate, explain the process and timeline, and confirm the way forward.

Step 02

The surrogacy agreement

We draft and review the surrogacy agreement, fair to all parties and fully compliant with the Children's Act.

Step 03

High Court confirmation

We file the application and represent you at the confirmation hearing, before the surrogate becomes pregnant.

Step 04

Your journey begins

With the agreement confirmed, the journey can begin, and from birth the child is the legal child of the intended parents.

Common questions about surrogacy

Honest answers to the things intended parents and surrogates ask us most. Still unsure? We're a phone call away.

Ask us your question
No. Provided the surrogacy agreement has been confirmed by the High Court before conception, the intended parents are the legal parents of the child from birth. A confirmed court order provides certainty for all parties.
A surrogate mother may only carry the pregnancy for altruistic reasons. This means she may be reimbursed for medical and related expenses, but may not profit from the arrangement.
Yes. South African law permits same-sex couples and single individuals to be intended parents in a surrogacy arrangement, provided all the legal requirements are met.
There is no legal requirement to use a surrogacy agency in South Africa. Many intended parents find surrogates through personal networks, support groups or online communities. We can assist regardless of how you connect with your surrogate.

Related practice areas

Let's talk about your surrogacy journey, in confidence

A short, no-obligation conversation is the best place to start. We'll listen, explain the legal requirements in plain language, and tell you honestly how we can help.

Office
Kloof, Upper Highway
KwaZulu-Natal