South Africa Case Law

HPP and Others; Ex Parte DME and Others (45037/2016), Ex parte

HPP and Others; Ex Parte DME and Others (45037/2016), Ex parte [2017] ZAGPPHC 70; [2017] 2 All SA 171 (GP); 2017 (4) SA 528 (GP) (9 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

45037/2016

Judge

Tolmay

The court found that the surrogacy facilitation agreements entered into between the applicants and Ms Strydom contravened section 301 of the Children's Act, as her services did not fall within the lawful exceptions for compensation. The payments made for facilitation services were not directly related to artificial fertilisation, pregnancy, birth, or confirmation of the surrogate motherhood agreement, nor were they bona fide professional legal or medical expenses. The limitation on Ms Strydom's right to receive payment for such services was justified in terms of section 36 of the Constitution…

Source excerpt

• Surrogate Motherhood Agreements
• Commercial Surrogacy
• Children's Act
• Unlawful Contracts
• Constitutional Rights Limitation

Applications for the Confirmation of three Surrogate Motherhood Agreements (2011/153, 2011/154, 2011/679 , 2011/1314, 2011/1315, 2011/1316), Ex parte

Applications for the Confirmation of three Surrogate Motherhood Agreements (2011/153, 2011/154, 2011/679 , 2011/1314, 2011/1315, 2011/1316), Ex parte [2011] ZAGPJHC 9; 2011 (6) SA 22 (GSJ) (1 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2011/153

Judges

W L Wepener, M Victor

The court postponed three surrogate motherhood applications sine die for missing facts, unreliable reports, and non-compliance with the Children’s Act.

• Surrogate Motherhood Agreements
• Children Act
• Court As Upper Guardian
• Practice Directive
• Compensation In Surrogacy
• Screening Of Commissioning Parents