Surrogacy

In South Africa surrogacy is governed by Chapter 19 of the Children's Act 38 of 2005. A written surrogate motherhood agreement must be confirmed by the High Court before any fertilisation takes place, at least one commissioning parent must be domiciled in South Africa, and at least one commissioning parent's gametes must be used. Commercial surrogacy is prohibited, though the surrogate's reasonable expenses may be paid. Where the agreement is confirmed, the child is the child of the commissioning parents from birth. Always take advice from a South African attorney experienced in this field.

Also known as: surrogate motherhood, surrogacy agreement

Last reviewed: 8 September 2026. Written by the Antega Editorial Team. General information only — always follow the advice of your own clinic, doctor or pharmacist.