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KB & Another v Minister of Social Development (462/23) [2024] ZASCA 54; 2024 (5) SA 30 (SCA) (19 April 2024)
The Supreme Court of Appeal held that section 294 of the Children’s Act is constitutionally valid and dismissed an appeal about a genetically linked sibling in surrogacy.
KB and Another v Minister of Social Development (966/2022) [2023] ZAMPMBHC 12 (20 February 2023)
The High Court dismissed a challenge to section 294 of the Children’s Act seeking a sibling genetic-link exception in surrogacy.
DW (11432/2021P), Ex parte [2022] ZAKZPHC 11 (8 April 2022)
The court held that section 294 of the Children's Act is clear in its requirement that, for a valid surrogate motherhood agreement involving a single commissioning parent, the gamete used must be that of the commissioning parent. The applicant's proposed interpretation, allowing the use of a donor gamete with identity disclosure, is inconsistent with both the wording and the purpose of the section as established by the Constitutional Court in AB. The court further found that granting a declaratory order in this ex parte application would not bind interested parties such as the Minister of Soc…
Source excerpt
AB and Another v Minister of Social Development As Amicus Curiae: Centre for Child Law (40658/13) [2015] ZAGPPHC 580; [2015] 4 All SA 24 (GP); 2015 (10) BCLR 1228 (GP); 2016 (2) SA 27 (GP) (12 August 2015)
The High Court struck down the Children’s Act genetic-link requirement for surrogacy, finding it unconstitutional discrimination against conception-infertile persons.
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