b) after 18 months from the date the agreement was confirmed by the court. In addition, the Tribunal argued that Sections 292 and 295 do not require the High Court to be satisfied that the surrogate mother was not artificially inseminated and therefore not pregnant at the time of confirmation of a surrogacy agreement.  The Tribunal therefore found that these provisions did not preclue the confirmation of oral maternity agreements after artificial insemination of replacement.  For a surrogacy agreement to be valid, it must meet the requirements of Chapter 19 of the Act. If such a surrogacy agreement is invalid, the view of the common law applies to the extent that the woman who gave birth to the child would be considered the legitimate mother of the child, whether or not such a child had a genetic relationship with her. Any child born to a surrogate mother in accordance with a valid agreement is, for all intents and purposes, the child of the parent or parents mandated from the date of birth. Conversely, a child born on the basis of an invalid agreement is considered to be the child of the woman who gave birth to that child. The High Court`s decision in Ex parte MS was criticized for creating a precedent that could allow future abuse of the best interests of the child.  The mandate of parents who implement the protocol in accordance with Chapter 19 would be able to do so in areas where it can be shown to be in the best interests of the child.
However, such circumvention would lead to relevant provisions of Chapter 19 of the Regulation. This possibility alludes to the need to rethink the way the High Court implements the principle of the best interests of the child when ratifying insufficient surrogacy agreements.  However, there are concerns when the parents` mandate does not meet the requirements of Chapter 19. This happened in ex parte MS; In re: Confirmation of surrogacy contract 2014 2 All SA 312 (BSP) (Ex parte MS). Despite the non-compliance, after considering the best interests of the unborn child, the court subsequently ratified the surrogacy agreement.  If your circumstances are outside South African surrogacy legislation, please contact surrogacy lawyers with extensive experience in surrogacy and surrogacy contracts. 2.) Any surrogacy agreement that does not comply with the provisions of this Act is invalid and any child born as a result of a measure taken during the execution of such an agreement is considered for all intents and purposes to be the child of the woman who gave birth to that child. If a woman agrees to become a gestational surrogate, which means that she signs an embryo produced by IVF – a legally binding contract.