An Umhlanga couple – expecting the birth of their biological child by a surrogate mother in Johannesburg this week – was forced to turn to the courts to ease travel restrictions, allowing them to witness their daughter’s birth.

A Times Select report says the KZN High Court (Durban) ruled yesterday that the pair be exempt from inter-province movement restrictions. Moreover, they would be allowed to care for the baby and transport her back to Durban without facing arrest at a roadblock.

The couple had found themselves locked in a legislative grey area, with regulations not catering for their unusual circumstances, meaning neither the police nor a magistrate would issue them with travel permits.

But their attorney, Ian King, said the couple’s situation was so special that even if lawmakers had had all the time in the world to craft regulations, it would likely have not been foreseen. King added that in terms of the regulations the police and magistrate had little option but to refuse their pleas.

‘The regulations have been drawn up in haste and there are regular amendments, but I would imagine that even if more time and consideration had been given to drawing these up, this situation is so unique and I doubt very much that anyone could have conceived a scenario like this arising,’ he said.

‘The child is actually biologically theirs, and the existing regulations allow for children to travel from one parent to another, but the surrogate is not a parent at all. It’s a difficult situation,’ King added.

The court ordered that the couple be exempt from travel restrictions, and further made a provision that they could remain at the hospital for as long as was needed for the baby to be discharged.

‘This order shall dispense with any need to obtain a travel permit,’ it said.

Full Times Select report (subscription needed)