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Is surrogacy illegal in South Africa?

Partly. Surrogacy is restricted in South Africa. Legal with a court's OK, but paying a surrogate is a crime.

Children's Act 38/2005 ch 19: surrogacy only under a court-confirmed agreement (s.295); s.301 bars paying a surrogate beyond expenses, a crime under s.305; agreement confirmed by Pretoria High Court 24 Feb 2025 ([2025] ZAGPPHC 179).

Source: S.Africa Children's Act s301

• South Africa is one of 18 countries where surrogacy is banned, and 21 more restrict it.
• Its neighbours: banned in 0 of 6.
• In Africa: banned in 1 of 49 countries.

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Other countries that ban surrogacy

ChinaSerbiaCroatiaAustriaSpainFinlandSlovakiaLithuaniaSloveniaMaltaSaudi ArabiaMoroccoGermanyItalyAll 18 on the map ›

What else is banned in South Africa