A "Parenting Licence" Granted by One’s Existing Children? Critical Analysis of the Judgment in Ex Parte JCR 2022 5 SA 202 (GP)

In Ex parte JCR 2022 5 SA 202 (GP) the Pretoria High Court per Neukircher J seeks to introduce new requirements for all surrogacy agreements in South African law. The court considered psychological impact of on children both surrogate parents and commissioning need put place procedures ‘for preparing them this process [of not bringing baby home]’ or a addition their family’, respectively. ordered mandatory assessment existing parents. A report emanating from such an would ostensibly assist determining best interests parties agreement. We argue that evaluation motherhood agreement fundamentally upsets balance between involved process. fact, it shifts power almost entirely into hands children, they may be said decide whether allowed have any more children. court’s interpretation assessments is based fundamental misunderstanding duty regard. requirement likely undermine these children’s interests, violate parents’ constitutional rights dignity equality, reproductive autonomy, privacy, access healthcare.