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

Chapter 19 : Surrogate Motherhood

297. Effect of surrogate motherhood agreement on status of child


(1) The effect of a valid surrogate motherhood agreement is that—
(a) any child born of a surrogate mother in accordance with the agreement is for all purposes the child of the commissioning parent or parents from the moment of the birth of the child concerned;
(b) the surrogate mother is obliged to hand the child over to the commissioning parent or parents as soon as is reasonably possible after the birth;
(c) the surrogate mother or her husband, partner or relatives has no rights of parenthood or care of the child;
(d) the surrogate mother or her husband, partner or relatives have no right of contact with the child unless provided for in the agreement between the parties;
(e) subject to sections 292 and 293, the surrogate motherhood agreement may not be terminated after the artificial fertilisation of the surrogate mother has taken place; and
(f) the child will have no claim for maintenance or of succession against the surrogate mother, her husband or partner or any of their relatives.


(2) Any surrogate motherhood agreement that does not comply with the provisions of this Act is invalid and any child born as a result of any action taken in execution of such an arrangement is for all purposes deemed to be the child of the woman that gave birth to that child.