K B and Another v Minister of Social Development (462/23) [2024] ZASCA 54 (19 April 2024)

Flynote

Constitutional law – Children’s rights – Surrogacy – s 294 of the Children’s Act 38 of 2005 – declarator sought that the requirement of use of a gamete of at least one of the commissioning parents to the exclusion of the genetic link between siblings is inconsistent with the Constitution –– provision found to be constitutionally valid

 


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