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South Africa Case Law

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Family And Children [2022] ZAGPPHC 848

Three Surrogacy Applications and Others (8749/22;9353/22;34190/22), Ex parte

Three Surrogacy Applications and Others (8749/22;9353/22;34190/22), Ex parte [2022] ZAGPPHC 848 (25 October 2022)

Court
North Gauteng High Court, Pretoria
Case number
8749/22;9353/22;34190/22
Judges
AP Ledwaba, E van der Schyff, I de Vos

The court held that it is not a general requirement in surrogacy applications for existing children of commissioning parents or surrogate mothers to be assessed by a clinical psychologist. Such a blanket rule would be inconsistent with the best interests of the child principle, which requires individualised, fact-based inquiry. The Children's Act and established jurisprudence provide that the emotional availability of the surrogate mother is the relevant criterion, and expert evidence confirms that mandatory psychological assessments may be harmful and are not supported by empirical research.…

Source excerpt

  • Surrogacy Agreements
  • Children's Act Section 295
  • Psychological Assessment Of Children
  • Best Interests Of Child
  • Court Discretion In Surrogacy
  • Emotional Availability
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Family And Children [2017] ZAGPJHC 227

KAF and Others (14341/17), Ex parte

KAF and Others (14341/17), Ex parte [2017] ZAGPJHC 227 (10 August 2017)

Court
South Gauteng High Court, Johannesburg
Case number
14341/17
Judge
Modiba

The court found that the applicants failed to provide sufficient evidence that ND is not using surrogacy as a means of income, given her probable indigence and lack of full financial disclosure. The psychological assessment of ND was deemed inadequate and unsupported by the facts, raising concerns about her suitability and ability to cope with the psychological consequences of surrogacy. The involvement of Medfem Clinic and associated professionals posed a risk of commercialisation, with insufficient disclosure regarding their relationships and financial arrangements. The court emphasised the…

Source excerpt

  • Surrogate Motherhood Agreement
  • Children's Act Section 295
  • Commercialisation Of Surrogacy
  • Psychological Wellbeing Of Surrogate
  • Full Disclosure In Ex Parte Applications
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.