South Africa Case Law

A.V and Another v D.C and Others (40522/19)

A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626; [2024] 3 All SA 724 (GJ) (26 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40522/19

Judge

Vally

The court found that DC was not merely a sperm donor, as the agreement and conduct of the parties went beyond a typical donor arrangement. However, no co-parenting agreement as envisaged by law was concluded, as the agreement lacked essential elements such as guardianship and comprehensive decision-making. AV and NZ, as permanent life partners, invoked the benefit of the Constitutional Court’s reading-in remedy, and are recognised as Z’s legal parents with full parental rights and responsibilities. DC, while not a parent under the Act, is entitled to contact and care rights under section 23 d…

Source excerpt

• Artificial Fertilisation
• Parental Rights And Responsibilities
• Best Interests Of The Child
• Life Partnerships
• Constitutional Invalidity
• Maintenance Orders

MCM and Another (28084/22), Ex parte

MCM and Another (28084/22), Ex parte [2022] ZAGPPHC 712 (26 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

28084/22

Judge

Van der Schyff

The High Court dismissed an ex parte bid to authorise IVF and embryo cryopreservation before a surrogate mother was identified.

• Surrogacy Motherhood Agreement
• Artificial Fertilisation
• Regulations Relating To Artificial Fertilisation
• Declaratory Relief
• Children Act
• National Health Act

V.J.V and Another v Minister of Social Development and Another (27706/2021)

V.J.V and Another v Minister of Social Development and Another (27706/2021) [2022] ZAGPPHC 114 (22 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

27706/2021

Judge

C Van Veenenendaal

The High Court held that section 40 of the Children's Act unjustifiably excluded permanent life partners from automatic parental recognition in artificial fertilisation cases.

• Children's Act
• Artificial Fertilisation
• Permanent Life Partnership
• Parental Responsibilities
• Equality And Dignity
• Reading In Remedy

QG and Another v CS and Another (32200/2020)

QG and Another v CS and Another (32200/2020) [2021] ZAGPPHC 366 (17 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

32200/2020

Judge

Kollapen

The High Court dismissed a sperm donor’s and his mother’s bid for contact with a child conceived by artificial fertilisation, finding no sufficient basis under section 23.

• Children S Act Section 23
• Artificial Fertilisation
• Parental Responsibilities And Rights
• Locus Standi
• Best Interests Of Child
• Children-s-act-section-23

SA and Another v IO and Another (82202/2014)

SA and Another v IO and Another (82202/2014) [2014] ZAGPPHC 953 (8 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

82202/2014

Judge

K.LA.M Manamela

The High Court confirmed a surrogate motherhood agreement and authorised artificial fertilisation under the Children’s Act after finding statutory compliance.

• Surrogate Motherhood Agreement
• Children's Act 38 Of 2005
• Artificial Fertilisation
• Contractual Capacity
• Prohibition Of Commercial Surrogacy
• Surrogate-motherhood-agreement