KAF and Others (2018/5329), Ex parte [2018] ZAGPJHC 529; 2019 (2) SA 510 (GJ) (28 June 2018)

KAF and Others (2018/5329), Ex parte [2018] ZAGPJHC 529; 2019 (2) SA 510 (GJ) (28 June 2018)

The court found that ND meets the statutory criteria for suitability as a surrogate mother under section 295 of the Children’s Act, based on comprehensive psychological and medical assessments, her stable family environment, and her altruistic motivation. The financial arrangements were deemed transparent and limited to reasonable expenses, not constituting unlawful commercialisation. The court emphasised the need for objective criteria in assessing suitability, noting that each case must be judged on its own facts and that personal perceptions should not influence the decision. The previous dismissal of the application did not render the matter res judicata, as ex parte applications may...

Citation
[2018] ZAGPJHC 529
Parties
Applicant: K. A. F; Applicant: C. F; Applicant: N. D; Applicant: J. D
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
2018/5329
Procedural Posture
Ex Parte Application / Confirmation of Surrogate Motherhood Agreement
Outcome
Surrogate motherhood agreement confirmed; application granted.
Judges
Siwendu
Legal Topics
Surrogate Motherhood Agreement, Children's Act, Suitability of Surrogate, Commercialisation of Surrogacy, Constitutional Rights, Psychological Assessment
Family and Children Surrogate Motherhood Agreement Children's Act Suitability of Surrogate Commercialisation of Surrogacy Constitutional Rights Psychological Assessment

Case Brief

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Parties

K. A. F

Applicant

C. F

Applicant

N. D

Applicant

J. D

Applicant

Procedural Posture

Ex Parte Application / Confirmation of Surrogate Motherhood Agreement

Legal Issues

  1. 1 Whether ND is in all respects a suitable person to act as a surrogate mother under section 295 of the Children’s Act.
  2. 2 Whether the surrogate motherhood agreement meets the statutory requirements for confirmation.
  3. 3 Whether the payments to ND constitute unlawful commercialisation of surrogacy.

Ratio Decidendi

The court found that ND meets the statutory criteria for suitability as a surrogate mother under section 295 of the Children’s Act, based on comprehensive psychological and medical assessments, her stable family environment, and her altruistic motivation. The financial arrangements were deemed transparent and limited to reasonable expenses, not constituting unlawful commercialisation. The court emphasised the need for objective criteria in assessing suitability, noting that each case must be judged on its own facts and that personal perceptions should not influence the decision. The previous dismissal of the application did not render the matter res judicata, as ex parte applications may...

Court Disposition

Surrogate motherhood agreement confirmed; application granted.

Orders

  • The Draft Order Marked X is made the Order of the Court.
  • The identity of the parties may not be published without their written consent in terms of Section 302(1) of the Child Care Act.