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Surrogacy Meets Customary Law | Johannesburg News

Surrogacy Meets Customary Law | Johannesburg News

Published 5 days, 11 hours ago
Description

A groundbreaking ruling in Mpumalanga confirms that modern science and traditional customs can coexist — a judge just legalized surrogacy for a husband and his two wives, affirming their family structure under both customary law and the Children’s Act. The couple, married traditionally and civilly, sought surrogacy after the first wife’s infertility, with the second wife embracing the role as a “sister wife.” A psychologist backed their stable, Ubuntu-rooted family dynamic, and the judge declared that customary law evolves — just as it once accepted adoption or co-wives — now embracing surrogacy as a natural extension of family care. The child will be legally recognized as belonging to the husband and first wife, proving that love, respect, and tradition can pave the way for modern solutions.

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