Surrogacy

05 Jun 2014

Did you know that it is unlawful to artificially fertilize a surrogate mother until a surrogate agreement dealing with the in’s and out’s of the surrogacy has been authorized by the Court? Failing endorsement, the child is deemed that of the surrogate. See Section 292 and Section 295 of the Childrens Act 38 of 2005 and Ex Parte MS and Others [2014] 2 ALL SA 312 GNP, where an agreement was endorsed by the Court 33 weeks after conception. http://www.legalbrief.co.za/article.php?story=20140508105029481

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