
The RAINBOW family: LGBTQ community and surrogacyCan gay couples turn to surrogacy in starting families? South African law is reasonably straightforward about what couples can and can't.
by Mambaonline.com
26-10-2022 11:43
in LGBTQIA
Becoming a parent is a big decision and one that seemed like a distant dream to many in the LGBTQI community before the enactment of the Civil Union law in 2006. Since South Africa made this huge leap in human rights, more gay couples are starting families of their own. Photo: PEXELS/Canva
Becoming a parent is a big decision and one that seemed like a distant dream to many in the LGBTQI community before the enactment of the Civil Union law in 2006. Since South Africa made this huge leap in human rights, more gay couples are starting families of their own.
--
Some couples are turning to surrogacy to start their family. While some may feel that surrogacy is tricky to navigate, it turns out that South African law is reasonably straightforward about what couples can and can't do.
The law doesn't discriminate against single people or those who are in committed relationships. It is also supportive when it comes to gay male couples,
says Robynne Friedman, an attorney and surrogacy law specialist from Johannesburg. ALSO READ: LGBTQ-centered jail beatings claims surface in Qatar
South African law does, however, prevent women from offering surrogacy services for their own financial benefit or profit. The person offering to carry a child for someone else must be doing so for altruistic reasons.
--
The reasoning behind this is to ensure that people are not pursuing surrogacy for the wrong reasons, such as a women possibly choosing to have a child this way so they can continue to grow their careers and not be tied down by the challenges that come with being pregnant.
Laws more complicated for lesbian couples In South Africa, the would-be parents need to have a written agreement with the surrogate mother. This agreement needs to be approved by and be made an order of the High Court. The process does involve considerable medical and legal costs which means that not everyone may be able to afford surrogacy.
The people who use the services of a surrogate are also liable for medical costs and costs directly related to the pregnancy. This would include medical aid, pregnancy vitamins, maternity wear, life assurance and coverage of any expected loss of income during the pregnancy.
--
Seems quite straightforward. So, what's the catch? The thing is that a lesbian couple or a single woman will face more challenges, says Friedman. They would have to demonstrate that there is a medical reason that both women can't carry a child if they are a couple. The same would apply to a single woman. In men, the medical reason is assumed - a man doesn't have a womb.
ALSO READ: Pride Month: 15 LGBTQI terms that you should know
Medical reasons for women could include hysterectomy, cancer treatments or medications that may harm the baby. Although more difficult to prove, psychological conditions may also be considered. The woman would, however, need to prove that the medical condition is both permanent and irreversible.
Does this mean that there is absolutely no hope for women to have a baby via pregnancy? Not necessarily. It just means that women have a few more hoops to jump through.
Single parents would also need to donate their own genetic material to the creation of an embryo. They are not permitted to use a donor.
Dramatic increase in gay couples seeking surrogacy In the case of a male couple, the genetic material of one of the men needs to be used in fertilisation. The temptation may be to inseminate the surrogate with gametes containing genetic material from each parent. This, however, is illegal in South Africa.
The couple need to state upfront whose genetic material is being used in the fertilisation process, explains Friedman. What the couple can do is freeze embryos for later use, or, if the insemination doesn't result in pregnancy in one cycle, they can use the genetic material of the other partner in the next cycle.
People with HIV are also able to take the surrogacy route. They still have to supply genetic material and there are conditions attached. The person involved needs to have an undetectable viral load, have no illness nor any signs of infection.
ALSO READ: LGBTQ: Are queer people safe on social media platforms?
Evidence also needs to be put to court as to how removing HIV from genetic material is done along with any controls in place to prevent transmission to the mother.
Since the civil union law change in 2006, there has been a dramatic increase in gay couples seeking surrogacy in South Africa in order to start a family, says Friedman. Currently, I see a fifty-fifty split between gay and straight couples wanting to get pregnant via surrogacy.
Of course, there are many things to consider before having children, however, it is a relief to many would-be parents to know that there are options available to them.
ALSO READ: Elliot Page, Lil Nas X and more: 5 LGBTQI coming out stories
by Tanya Olckers
This article was initially published on MAMBAonline.com
Are you a true House of Zwide' soapie superfan? ENTER QUIZ HERE & WIN R1 000 in cash!
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
09/11/2026
In a new home, the show had its traditional focus on music production, but broadcast themes received significant emphasis
The Audio Engineering Society (AES) c...
09/11/2026
Content creation and rights, YouTube archive, production workflows, investment, ...
09/11/2026
Industry leaders from Prime Video, NASCAR, FOX Sports, and more discuss the tech...
09/11/2026
SMT (SportsMEDIA Technology) is delivering on-air graphics and shot data for the Women's Team Golf League (WTGL), which made its debut Sunday, Nov. 8, at So...
09/11/2026
BKB Bare Knuckle Boxing has appointed Michael Ridout Managing Director, UK. He will lead BKB's operations in the United Kingdom and take on wider operationa...
09/11/2026
SMPTE's Media Technology Summit (MTS2026) takes place Nov. 16-19 at the Pasadena Convention Center. The schedule:
Media Tech Business Forum (Monday, Nov. 1...
09/11/2026
The Audio Engineering Society (AES) held AES Show Nashville 2026 Oct. 30-Nov. 1 at the Gaylord Opryland Resort & Convention Center. AES reports nearly 3,000 reg...
09/11/2026
Analyst Josh Stinehour will share results Jan. 26 in Mountain View, Calif.
Devo...
09/11/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
09/11/2026
Permanent mixed-reality activation debuted against the Brooklyn Nets at Rocket A...
09/11/2026
The new agreement brings the Playoff to 23 games, including 16 on-campus matchup...
09/11/2026
SMT provided production technology and graphics support for all three NASCAR nat...
09/11/2026
Captures Nils Frahms upright concert grand
In their latest collaboration with composer Nils Frahm, Native Instruments have captured a vertical concert grand...
09/11/2026
18-19 November 2026, Sonic College, UC SYD, Kolding, Denmark
Sonic College have announced that their annual Sonic Days conference is set to return to Koldin...
09/11/2026
Cinematic scoring tool gains free entry-level version
Sonuscore's Elements range offers a free entry point into the company's line-up of scoring too...
09/11/2026
Rohde & Schwarz and ZES ZIMMER present test solutions for power systems and auto...
09/11/2026
The BBC and BritBox have announced further casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited for the BBC and B...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Berklee's Singers Showcase Celebrates Whitney Houston's Music and Her Go...
09/11/2026
Monday 9 November 2026
Life in the fast laneTurn on cookies to view this content. Go to Privacy options and select Accept All'.
Privacy options
From Tik...
09/11/2026
Monday 9 November 2026
Cathy Newman to revist defining moments in recent histor...
09/11/2026
Monday 9 November 2026
Sky VIP unwraps over one million free rewards for customers this Christmas
This Christmas, Sky VIP is giving away more than one million...
09/11/2026
When is a city green' and when is it a big polluter? As we approach COP 31, when country leaders from around the world meet to negotiate climate policies a...
09/11/2026
Focusrite Control 2 iOS and Android apps now support Scarlett 3rd Gen, Clarett ,...
09/11/2026
Korea's Ministry of Science and ICT and NVIDIA hosted the MSIT-NVIDIA AI Sta...
09/11/2026
Simulation, which has long been the proving ground for robots learning to walk, ...
08/11/2026
Updated modules & new Analyze function
Acon Digital's all-in-one restoration plug-in has just been updated, and now boasts an Analyze button that allows...
08/11/2026
Run analogue gear emulations on your GPU
AnalogX have released a new GPU-powered mixing ecosystem that's been designed to change how users handle analog...
08/11/2026
COW Jobs: Set and Production Design Expert - Remote
Brie Clayton November 8, 2026
0 Comments
Set and Production Design Expert (Remote, worldwide)
No...
08/11/2026
NVIDIA is releasing Dynamo-optimized deployment recipes for Korea's leading open models: A.X K2 from SK Telecom, K-EXAONE 2.0 from LG AI Research, Solar Ope...
08/11/2026
NVIDIA and Korea's Ministry of Science and ICT (MSIT) are expanding their collaboration across the country's sovereign AI ecosystem, from AI semiconduct...
08/11/2026
As AI agents take on more work, they need capable open models and security that advances alongside them.
Hyundai Motor Group is exploring NVIDIA NemoClaw bluep...
08/11/2026
Tapping into the country's strengths in manufacturing and engineering, NVIDIA is helping advance Korea's physical AI ecosystem.
The country's indu...
07/11/2026
Mix Analysis, improved Render window & new bundled instrument
The free version of Tracktion's DAW software has recently received an update that introduc...
07/11/2026
The National Film and Video Foundation (NFVF) is a statutory body established to promote and develop the South African film and video industry, including animat...
07/11/2026
NEW YORK - November 5, 2026 - An estimated 31.2 million people watched primetime coverage of the 2026 U.S. midterm elections on Tuesday, November 3, according t...
07/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
07/11/2026
COW Jobs: Production Manager - Las Cruces, NM
Brie Clayton November 6, 2026
0 Comments
Production Manager
November 5, 2026COW Jobs: Faith-Based UGC ...
06/11/2026
It's been a big week in Australia horse racing as the Victoria Racing Club (...
06/11/2026
Additional gear includes a second, outside drone; a second slo-mo unit; and a wi...
06/11/2026
The University of Alabama has installed a new Daktronics display system at Coleman Coliseum in Tuscaloosa. It includes a 360-degree centerhung with four underbe...
06/11/2026
NEP Americas, part of NEP Group, has expanded its remote production offering with new IP-based flypack production kits deployed from the U.S. and available to c...
06/11/2026
Telestream has appointed Joseph Hopkins Chief Revenue Officer. He has more than two decades of executive experience in media technology. In the role, he will fo...
06/11/2026
In-venue and creative video staffers at the professional and collegiate level ha...