South Africa Case Law

DR v NM and Another (3358/2024)

DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024)

Court

Western Cape High Court, Cape Town

Case number

3358/2024

Judge

Lekhukeni

The court found that the applicant, while not holding formal parental rights, demonstrated a significant and committed relationship with LM and WML, having cared for them as part of a blended family. The evidence showed that maintaining contact, including overnight access to LM, is in the child's best interests and supports stability and continuity. The court rejected the respondents' argument that the applicant's lack of formal rights should preclude overnight contact, noting the applicant's consistent caregiving and the absence of any risk to the children. Regarding WML, the court held that…

Source excerpt

• Children's Act Section 23
• Surrogate Motherhood
• Parental Rights And Responsibilities
• Best Interests Of Child
• Overnight Contact
• Care And Contact Assessment

DW (11432/2021P), Ex parte

DW (11432/2021P), Ex parte [2022] ZAKZPHC 11 (8 April 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11432/2021P

Judge

Ploos van Amstel

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

• Surrogate Motherhood
• Children S Act
• Declaratory Order
• Genetic Link Requirement

Ex parte: M S & Others (48856/2010)

Ex parte: M S & Others (48856/2010) [2014] ZAGPPHC 457 (2 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

48856/2010

Judge

R M Keightley

The High Court confirmed a surrogacy agreement after fertilisation, holding the Children’s Act allows post-fertilisation confirmation in exceptional cases before birth.

• Surrogate Motherhood
• Children S Act
• Parental Rights And Responsibilities
• Best Interests Of Child
• Surrogate-motherhood
• Childrens-act