South Africa

South Africa Information Region Africa Population 43700000 GDP (millions USD) 282,630 National Policies Eggs for assisted reproduction commercial prohibited Eggs for research no policy Inheritable genetic modification PROHIBITED Preimplantation genetic diagnosis social uses prohibited Reproductive cloning PROHIBITED Research cloning permitted Sex selection Social uses prohibited Surrogacy commercial prohibited International Agreements 2005 UN Cloning Vote abstained 2005 UNESCO Sports Doping Convention RATIFIED

Key laws and policies

• Children’s Act No. 38 of 2005 (Chapter 19)

• Human Tissue Act (s.39A inserted by s.26 of Act No. 51 of 1989) (1983)

• National Health Act (December 31, 2003)

Foundational values

Regarding Cloning

The South African government practices the precautionary principle by stating, "The risk attached to the use of the technique on humans carries the possibility of hormonal manipulation in the egg donor, multiple miscarriages in the birth mother, and severe developmental abnormalities in any resulting child. The potential harms outweigh the potential benefits, and until studies in animal systems reverse this circumstance, we recommend that the use of human nuclear transfer cloning to create a new life should be prohibited."

Stem Cell Research

The South African Medical Research Council recommends that South Africa draw from the recommendations of the United States National Bioethics Advisory Committee to regulate the donation of human embryos for stem cell research.

Prohibited practices

Embryo Research and Cloning

The following practices are prohibited by the National Health Act:

• Inheritable genetic modification
• Reproductive cloning

Commercial Surrogacy

• Commercial surrogacy is prohibited (Children's Act, Chapter 19, 301).

Permitted and regulated practices

Sex Selection

South Africa does not regulate preimplantation genetic diagnosis explicitly by legislation or professional guidelines. However, the Medical Research Council of South Africa states that selecting sex is unethical if done for non-medical purposes.

Research Cloning

The National Health Act permits research cloning.

Altruistic Surrogacy

• Altruistic surrogacy is permitted, with reimbursement of expenses related to pregnancy and birth; loss of wages; and health insurance.

• Conditions for the agreement to be valid:
  • The agreement is in writing and is signed by all the parties thereto.
  • The agreement is entered into in the Republic.
  • At least one of the commissioning parents, or where the commissioning parent is a single person, that person, is at the time of entering into the agreement domiciled in the Republic.
  • The surrogate mother and her husband or partner, if any, are at the time of entering into the agreement domiciled in the Republic.
  • The agreement is confirmed by the High Court within whose area of jurisdiction the commissioning parent or parents are domiciled or habitually resident.

• At least one of the commissioning person(s) must be genetically related to the child.

Non-Commercial Sperm and Egg Donation

• Is permitted
• Reimbursement of expenses permitted
• Is anonymous

External links

http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html

http://www.parliament.gov.za/pls/portalweb_app.utl_output_doc?p_table=draft_ bills&p_doc_col=draft_bill&p_mime_col=mime_type&p_id=588648