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Exploring the complexities of gestational surrogacy

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  • Surrogacy remains a multifaceted issue, encompassing physical, emotional, cultural, legal, and ethical considerations.
  • Surrogacy is a complex and widely debated topic worldwide, with diverse legal frameworks and regulations across different countries.  
  • The selection criteria for a surrogate require careful consideration to ensure the well-being of all parties involved. 


Surrogacy is a controversial reproductive innovation that has biblical roots and involves one woman carrying a pregnancy for another. The biblical story of Sarah and Hagar illustrates the lengths people have gone to throughout history to fulfil their desire for a child. Today, surrogacy remains a multifaceted issue, encompassing physical, emotional, cultural, legal, and ethical considerations. In this article, we delve into the intricacies of gestational surrogacy, shedding light on its various aspects.

Complexities of surrogacy

The surrogacy process involves a gestational carrier who may or may not have a genetic link to the baby. This carrier can be a relative, friend, or someone connected through a specialised surrogacy agency. Medical and emotional dimensions necessitate input from healthcare professionals, mental health experts, and legal advisors. Proper assessment of risks and counselling for both the carrier and intended parents are essential.

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Selecting a surrogate

The selection criteria for a surrogate require careful consideration to ensure the well-being of all parties involved. The physical and emotional capabilities of the surrogate to carry a pregnancy to term are evaluated by professionals before embarking on the process. Linked to this is the carrier's requirement to have previously delivered a liveborn child to term. Age is a relevant factor, too, with a recommended minimum age of 21. Advanced maternal age increases the risk of pregnancy complications, making health screening of older carriers even more essential.

Surrogacy in different countries

Surrogacy regulations vary across different countries. While surrogacy is banned in most European countries, the UK and Israel openly allow it. The United States is a sought-after surrogacy destination for international couples due to its favourable legal framework, high success rates of assisted reproductive techniques (ART), and laws granting US citizenship to infants born on US soil. India has also emerged as a significant global hub for surrogacy services, estimated to be worth more than $400 million (more than R7 billion), though the industry's unregulated nature makes it challenging to determine exact figures. South Africa regulates surrogacy under the Children's Act, incorporating specific requirements and evaluations to protect everyone's interests.

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Surrogacy process in South Africa

Notably, the surrogacy process in South Africa is a journey guided by medical and legal requirements and driven by heartfelt intentions. Robynne Friedman, a legal expert in surrogacy, highlights that couples must first seek approval from a fertility specialist, undergo medical checks, and connect with potential surrogates through their family and social networks. A personal meeting between the couple and the surrogate fosters the foundation for a unique relationship through shared hopes and expectations, while psychological assessments ensure emotional preparedness.

The final step involves an application to the High Court in the parents' jurisdiction. Notably, South Africa does not allow financial compensation for surrogacy services. The only expenses that may be reimbursed are costs directly attributed to the pregnancy and surrogacy process.

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The process poses various challenges and complexities, including finding a suitable surrogate due to the need for formal agencies in South Africa. However, by relying on the expertise of experienced medical, legal, and psychological professionals, these intricate obstacles can be navigated with care and support.


Success rates and risks

Gestational carrier cycles have demonstrated higher success rates than other methods, primarily due to the younger age of carriers and their previous success in delivering live births. However, there is an increased risk of multiple births and pre-term deliveries in gestational carrier cycles, often associated with the transfer of multiple embryos. Opting for a single embryo transfer instead of multiple transfers can help mitigate the risks of multiple births.

READ MORE | Teen born without womb and misdiagnosed as a late bloomer on acceptance: 'I would love to adopt'

Surrogacy is a complex and widely debated topic worldwide, with diverse legal frameworks and regulations in different countries. As this reproductive practice evolves and presents new challenges, it is crucial to consider the ethical, legal, and emotional dimensions involved. By understanding and addressing these complexities, we can navigate the world of surrogacy with greater awareness and compassion, complemented by hope and the magic of baby dust.

Tarri Gavson is a US board-certified health and wellness coach in South Africa, specialising in integrative fertility. 


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