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South Africa Case Law

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Family And Children [2018] ZAGPJHC 529

KAF and Others (2018/5329), Ex parte

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

Court
South Gauteng High Court, Johannesburg
Case number
2018/5329
Judge
Siwendu

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…

Source excerpt

  • Surrogate Motherhood Agreement
  • Children's Act
  • Suitability Of Surrogate
  • Commercialisation Of Surrogacy
  • Constitutional Rights
  • Psychological Assessment
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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.