Difference between revisions of "South Africa"
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|Treaty of Lisbon=n/a | |Treaty of Lisbon=n/a | ||
|Introduction= | |Introduction= | ||
| − | |Key laws and policies=* Children’s Act No. 38 of 2005 (Chapter 19) (See http://www.acts.co.za/childrens-act-2005/index.html) | + | |Key laws and policies=* Children’s Act No. 38 of 2005 (Chapter 19) (See http://www.acts.co.za/childrens-act-2005/index.html.) |
* [http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html Human Tissue Act] (s.39A inserted by s.26 of Act No. 51 of 1989) (1983) | * [http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html Human Tissue Act] (s.39A inserted by s.26 of Act No. 51 of 1989) (1983) | ||
* [http://www.doh.gov.za/docs/bills/b32b.pdf National Health Act] (December 31, 2003) | * [http://www.doh.gov.za/docs/bills/b32b.pdf National Health Act] (December 31, 2003) | ||
| − | |Foundational values= | + | |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."<ref>http://www.glphr.org/genetic/africa2-7.htm</ref> | 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."<ref>http://www.glphr.org/genetic/africa2-7.htm</ref> | ||
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| − | It is recommended that recommendations of the US National Bioethics Advisory Committee should regulate the donation of human embryos for stem cell research.<ref>http://www.glphr.org/genetic/africa2-7.htm</ref> | + | '''Stem Cell Research''' |
| − | |Prohibited practices= | + | |
| + | It is recommended that the recommendations of the US National Bioethics Advisory Committee should regulate the donation of human embryos for stem cell research.<ref>http://www.glphr.org/genetic/africa2-7.htm</ref> | ||
| + | |Prohibited practices='''Embryo Research and Cloning''' | ||
The following practices are prohibited by the National Health Act: | The following practices are prohibited by the National Health Act: | ||
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* Reproductive cloning | * Reproductive cloning | ||
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| − | * Commercial surrogacy is prohibited (Children's Act, Chapter 19, 301) | + | '''Commercial Surrogacy''' |
| − | |Permitted and regulated practices= | + | |
| + | * 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. | 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. | 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. | * 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 | + | * At least one of the commissioning person(s) must be genetically related to the child. |
| − | + | '''Non-Commercial Sperm and Egg Donation''' | |
* Is permitted | * Is permitted | ||
