Botswana: Surrogacy in Botswana

The article examines the absence of a legal framework regulating surrogacy in Botswana and the risks this legal vacuum creates, particularly for vulnerable women. Although surrogacy has no statutory recognition in the country, investigations indicate that the practice continues informally, exposing surrogate mothers and children to exploitation and legal uncertainty.

Using a recent High Court case that later reached the Court of Appeal, the article details a dispute involving a Zimbabwean domestic worker recruited as a surrogate by her employers. The court enforced the surrogacy agreement in the best interests of the child, despite concerns about power imbalances, cross‑border vulnerability and the lack of clear legal protections for the surrogate mother.

Legal experts and civil society organisations argue that the absence of legislation undermines bodily autonomy, child protection and reproductive rights. Comparisons with South Africa’s regulated system highlight the need for clear policy guidance in Botswana to safeguard women, children and intended parents while preventing exploitation.

LINK TO PUBLISHED STORY: https://weekendpost.co.bw/botswanas-legal-void-on-surrogacy/

This article, first published by Weekend Post, is part of the Media Parity Capacity Building and republished as part of the programme series.