Children's Act, 2005 (Act No. 38 of 2005)Chapter 19 : Surrogate Motherhood292. Surrogate motherhood agreement must be in writing and confirmed by High Court |
| (1) | No surrogate motherhood agreement is valid unless— |
| (a) | the agreement is in writing and is signed by all the parties thereto; |
| (b) | the agreement is entered into in the Republic; |
| (c) | at least one of the commissioning parents, or where the commissioning parent is a single person, that person, is at the time of entering into the agreement domiciled in the Republic; |
| (d) | the surrogate mother and her husband or partner, if any, are at the time of entering into the agreement domiciled in the Republic; and |
| (e) | the agreement is confirmed by the High Court within whose area of jurisdiction the commissioning parent or parents are domiciled or habitually resident. |
| (2) | A court may, on good cause shown, dispose with the requirement set out in subsection (1)(d). |