The following is a study and comparison of the various types of surrogacy currently
being implemented locally and internationally and the laws surrounding it. I discuss the
current South African legal framework on surrogacy and summarise the relevant
legislative provisions whilst also further discussing the provisions prohibiting commercial
surrogacy and the reasons behind them. Thereafter an investigation follows into other
counties in respect of their individual laws regulating surrogacy and more specifically,
commercial surrogacy. I discuss how these countries attempted to regulate commercial
surrogacy and which regulations were a success and which weren‘t. The various
international laws and regulations surrounding surrogacy as well as commercial
surrogacy is then compared and discussed in a South African context. A discussion on
the intertwined constitutional rights of the surrogate mother, commissioning parents and
child follows and in conclusion I offer some recommendations on how to go about
legalising commercial surrogacy safely and successfully implementing it free from
exploitation. / Private Law / LL.M. (Specialisation in Private Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/22244 |
| Date | 07 April 2017 |
| Creators | Maré, Louis |
| Contributors | Kruger, Johanna Margaretha |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (6 unnumbered leaves, 62 leaves) |
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