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🧬 Fertility treatment and surrogacy: what to check

Fertility treatment and surrogacy involve distinct clinical and legal decisions.

Before you start

  1. 1. What to prepare

    Before treatment, confirm access, consent, donor information, funding and legal parentage. Before surrogacy, obtain independent specialist advice in every relevant jurisdiction.

  2. 2. What to check

    Do not assume an overseas contract or birth certificate guarantees local parentage, citizenship, passports or entry. Plan these before paying or travelling.

  3. 3. In South Africa

    Ask a registered fertility service about treatment, donor consent, costs and parentage under the Children’s Act. Same-sex marriage is available through the Civil Union Act; do not describe same-sex families as prohibited or assume marriage alone resolves every donor-conception issue.

  4. 4. In South Africa

    The Children’s Act permits regulated altruistic surrogacy, not an unrestricted commercial market. A written agreement requires High Court confirmation before the surrogate is artificially fertilised; statutory requirements include domicile, medical indications and gamete/parentage rules. Obtain independent specialist advice before any treatment or payment; same-sex intended parents are not categorically excluded.

  5. 5. In South Africa

    Register the birth with Home Affairs within 30 days. Ask which parentage documents are needed for your family; late registration has extra requirements. A birth certificate, citizenship and permission for international travel are separate issues.

A local detail, or your own experience with this guide? Write to the team

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When in doubt, contact your doctor or midwife. For a life-threatening emergency, call 112 from a mobile phone; 10177 for an ambulance.