Visions on surrogacy - From 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

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.