South Africa

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Surrogacy Insights

  • Surrogacy is legal – Chapter 19 of the Children’s Act 38 of 2005.
  • One or both intended parents and surrogates must be residents.
  • The High Court must ratify a surrogacy agreement in the jurisdiction where the intended parents live.
  • A pre-pregnancy court order ensures the names of the intended parents on a birth certificate.
  • Only uncompensated surrogacy is permitted, but surrogates can be reimbursed for pregnancy-related expenses.
  • A surrogate has no right to claim the child for herself.
  • At least one intended parent must be genetically related to the child.
  • Intended parents are listed on the birth certificate.


Future Legal Developments


  • At present, there is no available information regarding any forthcoming legislation.


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