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A surrogacy motherhood agreement is only valid in South Africa if it complies with the requirements of Chapter 19 of the Children’s Act 38 of 2005 and is confirmed by the appropriate High Court and furthermore complies with the 2011 judgment of the first reported case in South Africa on this issue.

Each case of surrogacy is unique and would need to be considered and an agreement drafted in accordance with each specific circumstances of a surrogacy arrangement.

The courts in South Africa do not rubber stamp any surrogacy agreement and takes its duty as the upper guardian of all minor children seriously in ensuring that the best interests of the children are paramount.

Contact us to set up a consultation to obtain our expert advice on this issue.