Landmark ruling on surrogacy requirements (SA) A Gauteng couple narrowly missed having to give up their baby to its surrogate mother after failing to comply with a crucial legal requirement, says a Sunday Times report. By law, surrogacy pregnancy agreements have to be confirmed by a court before in vitro fertilisation, otherwise the child is deemed to be that of its birth mother. But in what the newspaper calls a landmark recent ruling, the North Gauteng High Court confirmed the couple’s 11th-hour application for their surrogate motherhood agreement. It also ruled that the baby was theirs from the moment of birth. The report says acting Judge Raylene Keightley ruled that the law did not prevent a court from confirming a surrogacy agreement after the surrogate mother had fallen pregnant. ‘However, this does not mean that parties are free to ignore the general requirement that surrogacy agreements must be confirmed by a court before artificial fertilisation of the surrogate mother takes place,’ she said. Legalbrief LSSA Weekly 100: News for the week of 17 to 24 January 2014
Posted on: Thu, 30 Jan 2014 11:35:16 +0000
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