CJD and Others (53101/2017), Ex parte [2017] ZAGPPHC 717; 2018 (3) SA 197 (GP) (17 November 2017)

CJD and Others (53101/2017), Ex parte [2017] ZAGPPHC 717; 2018 (3) SA 197 (GP) (17 November 2017)

The court found that the applicants failed to adequately address how their living arrangements and the need for discretion regarding sexual orientation would affect the best interests of the child. The affidavits did not provide sufficient detail on how the applicants would function as a family unit or how the child would be impacted by one parent's reluctance to be publicly identified as a parent in a same-sex relationship. The court emphasized that all relevant information must be disclosed in affidavits and that the interests of the child must be paramount. In the absence of convincing evidence that the applicants' arrangement would not negatively affect the child, the court was not...

Citation
[2017] ZAGPPHC 717
Parties
Applicant: CJD; Applicant: HN; Applicant: GLJ; Applicant: ROM; Amicus Curiae: Centre for Child Law
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2017
Case Number
53101/2017
Procedural Posture
Ex Parte Application / Application for Confirmation of Surrogacy Agreement
Outcome
Application dismissed.
Judges
R G Tolmay
Legal Topics
Surrogate Motherhood Agreement, Best Interests of Child, Parental Rights and Responsibilities, Affidavit Disclosure Requirements
Family and Children Civil Procedure Surrogate Motherhood Agreement Best Interests of Child Parental Rights and Responsibilities Affidavit Disclosure Requirements

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Parties

CJD

Applicant

HN

Applicant

GLJ

Applicant

ROM

Applicant

Centre for Child Law

Amicus Curiae

Procedural Posture

Ex Parte Application / Application for Confirmation of Surrogacy Agreement

Legal Issues

  1. 1 Whether the surrogacy agreement should be confirmed given the applicants' living arrangements and privacy concerns.
  2. 2 How the applicants' decision not to live together and one applicant's desire for discretion regarding sexual orientation affect the best interests of the child.
  3. 3 Whether sufficient information was provided to the court regarding the functioning of the applicants as a family unit.

Ratio Decidendi

The court found that the applicants failed to adequately address how their living arrangements and the need for discretion regarding sexual orientation would affect the best interests of the child. The affidavits did not provide sufficient detail on how the applicants would function as a family unit or how the child would be impacted by one parent's reluctance to be publicly identified as a parent in a same-sex relationship. The court emphasized that all relevant information must be disclosed in affidavits and that the interests of the child must be paramount. In the absence of convincing evidence that the applicants' arrangement would not negatively affect the child, the court was not...

Court Disposition

Application dismissed.

Orders

  • The application for confirmation of the surrogacy agreement is dismissed.