A same sex couple have obtained a court order enabling them to enter into a surrogacy agreement with a donor mother to have a second child.
The men, both professionals, already have a daughter born via a surrogate mother in terms of a surrogacy agreement, but approached the North Gauteng High Court in Pretoria for a second time to enable them to become parents through a different surrogate mother.
The court granted an order confirming the surrogacy agreement, including that any child or children born to the surrogate mother would, for all purposes, be the couple’s children from the moment of birth.
In terms of the agreement, the couple will have all parental rights and responsibilities to the children and will not have to follow adoption proceedings.
The surrogate mother and her former husband, who already have four children of their own, will have no rights of parenthood or contact with the child. One of the men said in court papers he and his life partner always wanted to have children, but surrogacy was the only means available to have a child that was biologically related to at least one of them.
They have already consulted a reproductive medical specialist and intended to commence with artificial fertilisation treatment as soon as the court confirmed their their surrogate motherhood agreement.
The agreement will only remain in place for 18 months. They met the surrogate mother by chance when they contacted another surrogate listed with the agency, Gift of Life.
He said there was no commercial profit for the surrogate mother and her motives were purely altruistic. Both men and the prospective surrogate mother have undergone counselling with a psychologist and were declared as suitable candidates for the process.