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Faculty of Law | University of the Western Cape

Research Portal

Faculty of Law | University of the Western Cape


Visions on surrogacy - from North to South

Publication title information

Sloth-Nielsen, Julia, with S Florescu (2017). 'Visions on surrogacy - rrom North to South: The approach of the Netherlands and South Africa to the issue of surrogacy and the child’s right to know his origin'. In M Brining (ed) International Survey on Family Law, Jordan Publishers, UK

Further detail

Publication type
Books and chapters
This chapter compares the current situation regarding the requirement of a genetic link for the conclusion of a valid surrogacy agreement in South Africa, upheld by the recent Constitutional Court case of AB and others v Minister of Social Development and Others (Centre for Child Law intervening as amicus curiae), CCT 155/15 (judgment of 29 November 2016), to the proposals for surrogacy published in December 2016 by the Government Committee on the Reassessment of Parenthood appointed in the Netherlands, also as regards the child’s right to identity and the (possible) requirement of a genetic link. The different approaches for national and international surrogacy arrangements under both schemes are also discussed. Some conclusions are drawn regarding the more favourable alternative for implementation of the child’s right to know his or her identity.
About the author/s

Julia Sloth-Nielsen

Julia Sloth-Nielsen is Professor of Law at the University of the Western Cape and the chair of Children’s Rights in the Developing World at the Child Law Department at the University of Leiden in the Netherlands.

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