Legal issues relating to the use of surrogate mothers in the practice of assisted conception

Melodie Nöthling Slabbert


The statutory regulation of surrogate motherhood in the Children’s Act 38 of 2005 is fraught with practical, legal and ethical problems. Healthcare professionals specialising in assisted conception are often confronted with practical scenarios for which the Children’s Act does not provide clear answers. The purpose of this article is to briefly examine some of these questions against the background of the relevant legislation and recent case law.

Author's affiliations

Melodie Nöthling Slabbert, Department of Jurisprudence, University of South Africa, Pretoria

Full Text



Assisted conception; surrogate motherhood

Cite this article

South African Journal of Bioethics and Law 2012;5(1):27-32.

Article History

Date submitted: 2012-01-12
Date published: 2012-06-14

Article Views

Abstract views: 3459
Full text views: 16379

Comments on this article

*Read our policy for posting comments here
View all comments