n South African Law Journal - Surrogate motherhood confirmation hearings : the advent of a fundamentally flawed process : notes

Volume 130, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



It has only recently become possible to conclude legally valid surrogate motherhood contracts in South Africa. The enabling legislation is chapter 19 of the Children's Act 38 of 2005 (hereafter 'the Act') which was implemented on 1 April 2010. The first two reported court interpretations of aspects of that chapter are 2011 (6) SA 22 (GSJ) (hereafter ) and 2011 (6) SA 514 (GNP) (hereafter ). For reasons which will be explained below, in the former judgment discussion of chapter 19 was relatively brief. However, in the court sought to reduce confusion concerning application of the chapter by providing some detailed guidance. To assist it in achieving this objective, the court requested submissions by the Pretoria Bar, Law Society and Centre for Child Law (as amicus curiae) regarding the correct approach in surrogate motherhood confirmation applications.

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