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)
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