Surrogacy motherhood provides an option for infertile couples to have a genetically related child of their own. However, in jurisdictions where surrogacy motherhood are not legally accepted, couples deliberately turn to other jurisdictions to conclude a surrogacy agreement where it is in fact legal to do so. When different jurisdictions are involved in one surrogacy motherhood agreement, several problems arise, especially due to the lack of regulation on an international level. These poblems must therefore be resolved by the implementation of an international document or agreement. This discussion will therefore firstly focus on the national position regarding surrogacy motherhood in the South African content to determine whether South Africa will benefit from the implementation of a proposed international document or agreement. Secondly, the research focus on international surrogacy and evaluate the concept to identify the problems arising as a result thereof. Thirdly, the contents of the proposed international document or agreement will be discussed in depth in order to determine what the contents of the document or agreement should include. The aim of the research is to determine which issues and problems should be included in the proposed document or agreement in order to effectively regulate international surrogacy. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Surrogacy motherhood provides an option for infertile couples to have a genetically related child of their own. However, in jurisdictions where surrogacy motherhood are not legally accepted, couples deliberately turn to other jurisdictions to conclude a surrogacy agreement where it is in fact legal to do so. When different jurisdictions are involved in one surrogacy motherhood agreement, several problems arise, especially due to the lack of regulation on an international level. These poblems must therefore be resolved by the implementation of an international document or agreement. This discussion will therefore firstly focus on the national position regarding surrogacy motherhood in the South African content to determine whether South Africa will benefit from the implementation of a proposed international document or agreement. Secondly, the research focus on international surrogacy and evaluate the concept to identify the problems arising as a result thereof. Thirdly, the contents of the proposed international document or agreement will be discussed in depth in order to determine what the contents of the document or agreement should include. The aim of the research is to determine which issues and problems should be included in the proposed document or agreement in order to effectively regulate international surrogacy. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

The concept of inter-country adoptions was reintroduced into the South African legal sphere in The Minister of Social Welfare and Population Development v Fitzpatrick 2000 3 SA 422 (CC), where the constitutionality of section 18(4)(f) of the Child Care Act 74 of 1983, which prohibited inter-country adoptions, was successfully challenged. The decision evoked criticism from all around the world, some in favour of inter-country adoptions and others not. In considering this decision, one also has to keep in mind section 28(1)(b) of the Constitution of the Republic of South Africa, 1996 which affords every child the right to family care or parental care, or to appropriate alternative care when removed from the family environment. The aim of this paper is to investigate the inner workings of inter-country adoptions, which are regulated by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993 and, nationally, the Children’s Act 38 of 2005. These findings will then be relayed back to the ‘best interests of the child’ principle to determine whether inter-country adoption is in the best interests of the child, or not. / Thesis (LLM (Comparative Child Law))--North-West University, Potchefstroom Campus, 2013.

The concept of inter-country adoptions was reintroduced into the South African legal sphere in The Minister of Social Welfare and Population Development v Fitzpatrick 2000 3 SA 422 (CC), where the constitutionality of section 18(4)(f) of the Child Care Act 74 of 1983, which prohibited inter-country adoptions, was successfully challenged. The decision evoked criticism from all around the world, some in favour of inter-country adoptions and others not. In considering this decision, one also has to keep in mind section 28(1)(b) of the Constitution of the Republic of South Africa, 1996 which affords every child the right to family care or parental care, or to appropriate alternative care when removed from the family environment. The aim of this paper is to investigate the inner workings of inter-country adoptions, which are regulated by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993 and, nationally, the Children’s Act 38 of 2005. These findings will then be relayed back to the ‘best interests of the child’ principle to determine whether inter-country adoption is in the best interests of the child, or not. / Thesis (LLM (Comparative Child Law))--North-West University, Potchefstroom Campus, 2013.