(1.) No person may artificially inseminate a woman in the performance of a surrogacy contract or provide assistance with such artificial insemination, unless such artificial insemination is authorized by a court within the meaning of the provisions of this Act. (1.) A surrogacy agreement is terminated by an interruption of pregnancy which may be implemented within the meaning of the Pregnancy Date Determination Act 1996 (Act No. 92 of 1996). [2] Informal surrogacy is entered into when private agreements are made between family members or persons who know each other. Ex parte notification WH 2011 4 SA 630 (PNB) para. 2. Formal surrogacy, on the other hand, occurs when the parties enter into an agreement on surrogacy within the meaning of Chapter 19 of the Children`s Act. „Two legal questions were raised in the Ex parte MS complaint. The first concerned the Tribunal`s jurisdiction and discretion to confirm surrogacy agreements that do not meet the requirements of Chapter 19. [12] The second concerned the correct interpretation of Chapter 19 and the Protocol, which should be followed in future cases with similar facts. [13] In essence, the Tribunal sought to clarify the requirements imposed on parties who had entered into oral maternity agreements for others in order to apply to the High Court to confirm those agreements. [14] 3.) The surrogate mother shall not be liable to the mandated parents for the exercise of her rights of termination within the meaning of this section, with the exception of the indemnity for any payments made by the mandated parents within the meaning of Article 301. The last problem is the lack of approval from the surrogate mother.

[141] Section 54(6) of the HFE Act requires the surrogate mother to accept the parents` settlement, while subsection 7 provides that this should not be the case if the surrogate mother cannot be located. [142] However, the courts have recently decided to waive this requirement because the surrogate mother is not available and the well-being of the child must be encouraged. [143] In Ex parte MS, the High Court was challenged by three applicants. . . .