APP and Another v NPK (17962/2020)
APP and Another v NPK (17962/2020) [2021] ZAWCHC 69 (11 March 2021)
The court held that section 295(a) of the Children’s Act should not be interpreted narrowly to require absolute physical incapacity to give birth. Instead, it encompasses situations where a pregnancy would pose significant medical risk to the health or life of the mother. The first applicant’s medical and psychological conditions, supported by expert evidence, are permanent and irreversible and render any further pregnancy life-threatening. The applicants satisfied all statutory requirements for confirmation of the surrogate motherhood agreement, including domicile, use of gametes, suitabilit…
Source excerpt
- Surrogate Motherhood Agreement
- Children S Act
- Interpretation Of Statute
- Medical Risk In Pregnancy