Consultations
Initial consultations for both intended parents and prospective surrogates, explaining the process, the timeline and what to expect.
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.
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.
From the first consultation to the confirmation hearing, we handle the legal aspects so your surrogacy journey can move forward with certainty.
Initial consultations for both intended parents and prospective surrogates, explaining the process, the timeline and what to expect.
Drafting and reviewing the surrogacy agreement so the rights of all parties, and the child, are clearly protected from the outset.
Preparation and filing of the High Court application, and representation at the confirmation hearing before conception.
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.
From your first consultation, we walk beside you through each legal step of the journey to parenthood.
We meet with both the intended parents and the surrogate, explain the process and timeline, and confirm the way forward.
We draft and review the surrogacy agreement, fair to all parties and fully compliant with the Children's Act.
We file the application and represent you at the confirmation hearing, before the surrogate becomes pregnant.
With the agreement confirmed, the journey can begin, and from birth the child is the legal child of the intended parents.
Honest answers to the things intended parents and surrogates ask us most. Still unsure? We're a phone call away.
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.