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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 19 : Surrogate Motherhood

296. Artificial fertilisation of surrogate mother


(1) No artificial fertilisation of the surrogate mother may take place—
(a) Before the surrogate motherhood agreement is confirmed by the court;
(b) after the lapse of 18 months from the date of the confirmation of the agreement in question by the court.


(2) Any artificial fertilisation of a surrogate mother in the execution of an agreement contemplated in this Act must be done in accordance with the provisions of the National Act, 2003 (Act No. 61 of 2003).