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South Africa Case Law

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Family And Children [2025] ZAGPPHC 187

JVDM and Others (104620/2024), Ex parte

JVDM and Others (104620/2024), Ex parte [2025] ZAGPPHC 187; 2025 (4) SA 616 (GP) (24 February 2025)

Court
North Gauteng High Court, Pretoria
Case number
104620/2024
Judge
Neukircher

The court found that the surrogate motherhood agreement complied with all requirements of Chapter 19 of the Children’s Act. Medical evidence from two specialists confirmed that the third applicant, CB, is healthy and capable of safely gestating another pregnancy and undergoing a sixth caesarean section. There is no statutory or regulatory limitation on the number of surrogacies or caesarean sections, and the surrogacy is altruistic, not commercial. The absence of legislative restriction is not for the court to remedy, as to do so would violate the separation of powers. Comparative research co…

Source excerpt

  • Surrogacy Agreement
  • Children S Act
  • Parental Rights
  • Altruistic Surrogacy
  • Medical Screening
  • Separation Of Powers
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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)

Court
North Gauteng High Court, Pretoria
Case number
094062/24
Judge
Neukircher

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…

Source excerpt

  • Surrogacy Agreement
  • Children's Act
  • Domicile Requirement
  • Habitual Residence
  • Best Interests Of Child
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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.