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South Africa Case Law

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Family And Children [2024] ZAGPJHC 997

A.J v F.J (2024/001162)

A.J v F.J (2024/001162) [2024] ZAGPJHC 997 (4 October 2024)

The court allowed a mother to relocate with two minor children to Australia, dispensed with the father’s consent, set contact arrangements, and dismissed his counter-application.

  • Relocation Of Minor Children
  • Variation Of Custody
  • Parental Responsibilities And Rights
  • Children Act
  • Best Interests Of Child
  • Maintenance Obligations
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Family And Children [2022] ZAGPPHC 712

MCM and Another (28084/22), Ex parte

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

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
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Family And Children [2022] ZAGPPHC 209

Ex Parte: JCR and Others (51606/21)

Ex Parte: JCR and Others (51606/21) [2022] ZAGPPHC 209; 2022 (5) SA 202 (GP) (16 March 2022)

The court held that confirmation of a surrogate motherhood agreement under section 295 of the Children’s Act requires a thorough assessment of the interests of all children affected, including the surrogate’s own children and any children of the commissioning parents. The court found that the applicants had provided sufficient medical and psychological evidence demonstrating the third applicant’s suitability for another surrogacy, and that the children of the surrogate had been adequately prepared and assessed for the psychological impact. The judgment emphasized that the best interests of al…

  • Surrogate Motherhood Agreement
  • Children Act
  • Best Interests Of Child
  • Psychological Assessment
  • Parental Rights
  • Medical Suitability
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Family And Children [2011] ZAGPJHC 9

Applications for the Confirmation of three Surrogate Motherhood Agreements (2011/153, 2011/154, 2011/679 , 2011/1314, 2011/1315, 2011/1316), Ex parte

Applications for the Confirmation of three Surrogate Motherhood Agreements (2011/153, 2011/154, 2011/679 , 2011/1314, 2011/1315, 2011/1316), Ex parte [2011] ZAGPJHC 9; 2011 (6) SA 22 (GSJ) (1 March 2011)

The court postponed three surrogate motherhood applications sine die for missing facts, unreliable reports, and non-compliance with the Children’s Act.

  • Surrogate Motherhood Agreements
  • Children Act
  • Court As Upper Guardian
  • Practice Directive
  • Compensation In Surrogacy
  • Screening Of Commissioning Parents
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Family And Children [2009] ZAECPEHC 11

Campher v Cushing (978/2009)

Campher v Cushing (978/2009) [2009] ZAECPEHC 11 (21 April 2009)

The court dismissed an application to let a child travel to London with his mother for her cancer treatment, finding the child’s best interests were not shown.

  • Parental Consent
  • Best Interests Of Child
  • Temporary Relocation
  • Children Act
  • Custody And Access
  • Best-interests-of-child
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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.