Surrogacy in South Africa evolved from largely unregulated beginnings into a well-defined legal process with the introduction of the Children’s Act 38 of 2005, which became fully effective in 2010. This legislation established the country as the first in Africa to legalise surrogacy, with a strong emphasis on altruistic arrangements rather than commercial ones. It requires judicial confirmation by the High Court before conception, written surrogacy agreements, and strict court oversight to safeguard the rights and interests of all parties involved—most importantly the child—thereby ensuring legal certainty and clear parental rights from the outset.