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South Africa Case Law

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Family And Children [2025] ZAGPPHC 109

EW and Others, Ex parte

EW and Others, Ex parte [2025] ZAGPPHC 109; [2025] 2 All SA 191 (GP); 2025 (4) SA 211 (GP) (24 January 2025)

The court found that EW had not established domicile or habitual residence in South Africa as required by the Children’s Act for confirmation of a surrogacy agreement. The evidence showed that EW and WG currently reside and work in Switzerland, with only an intention to return to South Africa contingent on future employment and redundancy. The property in Pretoria was purchased for EW’s parents and not intended as the applicants’ residence. There was insufficient corroboration from family members and uncertainty regarding the applicants’ financial stability and living arrangements in South Af…

  • Surrogacy Agreement
  • Children's Act
  • Domicile Requirement
  • Habitual Residence
  • 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.