Children’s Act.

  • grandparents

    It is important to note the difference between an order for care and one for contact.

    Quite a few years ago; and before the new Children's Act came into being; I was involved in a matter in the High Court in Cape Town where a grandmother wanted to exercise rights of access to her two grandchildren but because of an argument with her daughter, the mother of the children, she was being denied access to her grandchildren, Quite rightly she was not prepared to let that happen and took her daughter to the High Court in an Application to get a court order allowing her access to her grandchildren and she got such an order; which was unusual at the time for the reasons given below.

    I remembered this case when I got the following inquiry in this last week which is in a similar vein and the facts were strangely similar.

  • surrogate mother

    Surrogacy is allowed in South Africa and is regulated by the Children’s Act.

    We received the following question during the course of last week

     “I have been happily married for the last 7 years. However; I am medically unable to produce a child. My husband and I have talked about the option of both adoption and surrogacy. We have decided to go the surrogacy route if we can, and have discussed it with my sister. She is older than me has two children and does not want any more of her own and is willing to consider it. We’ve not yet spoken about costs or payment for her to do this, because we’re not sure whether surrogacy is even allowed in South Africa. Is surrogacy an option we can consider? Your advice would be much appreciated”

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

News Feed

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za