oa Comparative and International Law Journal of Southern Africa - A comparative overview and analysis of a proposed surrogate mother agreement model

Volume 20, Issue 3
  • ISSN : 0010-4051



The first South African surrogate babies - triplets at that - were born on 1 October 1987. The surrogate in this case was the 48-year-old mother of a young woman, who was unable to carry a child to term after removal of her uterus. The future of surrogate motherhood is still uncertain in most countries as very few legislatures have addressed the issue directly. Legal precedents are limited and common law principles do not provide adequate answers to the problems surrounding surrogate motherhood. For the purpose of this article, the de jure situation of surrogate motherhood in the United States of America, Britain and Australia will be examined as either their legislatures, or their courts, or both, have been active in this field.

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