You work at a law firm that specializes in Family Law. You are consulted by a man with
his male life partner. They explain to you that they had just had a baby through a surrogate
and when they went to the Department of Home Affairs they were not allowed to register
as the child's parents due ...
1. Introduction..............................................................................................................
2. Problem Statement...................................................................................................
3. Hypothesis.................................................................................................................
4. Points of Departure and Assumptions.........................................................................
5. Conceptualization of Central Research Themes........................................................
6. Proposed Chapter Outlay.........................................................................................
7. Projected Time Scale................................................................................................
8. Description of Proposed Research Method.............................................................
9. Preparatory Study and Research............................................................................
10. Conclusion...............................................................................................................
11. Bibliography..............................................................................................................
, 1. Introduction
In recent years, advancements in reproductive technologies have given rise to new
forms of family creation, including surrogacy. Surrogacy, where a woman carries a child
on behalf of another individual or couple, presents unique legal challenges surrounding
the rights of the intended parents.1 In South Africa, the legal landscape surrounding
surrogacy has undergone significant changes over the years, with the recognition of
surrogacy in legislation for the first time in the Children’s Act of 2005 (Ladapo, 2019).2
The historical approach to this research will involve tracing the development of laws and
regulations related to surrogacy in South Africa. By examining how surrogacy laws have
evolved over time, this study seeks to provide a comprehensive understanding of the
legal rights of parents in the context of surrogacy arrangements.3 This historical
perspective will shed light on the factors that have influenced the current legal
framework governing surrogacy in South Africa and offer insights into the challenges
and gaps that remain to be addressed.4
Furthermore, by focusing on the historical trajectory of surrogacy laws in South Africa,
this research aims to contribute to the broader discourse on family law and reproductive
rights.5 Understanding the historical context of surrogacy laws can provide valuable
insights for policymakers, legal practitioners, and stakeholders involved in surrogacy
1 Children’s Act of 2005
2 Children’s Act of 2005
3 Bosman, H. (2019). Surrogacy in South Africa: Legal, ethical, and practical aspects. Juta & Co Ltd.
4 Bosman, H. (2019). Surrogacy in South Africa: Legal, ethical, and practical aspects. Juta & Co Ltd.
5 Bosman, H. (2019). Surrogacy in South Africa: Legal, ethical, and practical aspects. Juta & Co Ltd.
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