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Embryo Donation

In terms of SA law, it is possible to donate embryos to a known or unknown recipient

UNKNOWN DONOR

The identity of the donors will not be disclosed, the donating party/parties relinquish (es) all their right beforehand in terms of a signed agreement. All rights and responsibilities are signed over. The donating parties have no further rights to the donated embryos.

KNOWN DONOR

The identity of the donors will be known to the recipient couple or individual. It is of vital importance to obtain legal advice on the agreement beforehand. It is possible that the identity of the donor may be kept confidential/ or only known to close family, and in the alternative that no confidentiality remains on the disclosure of the identities of the donors.

The legal position is regulated by the Children's Act 38 0f 2005 and the National Health Act 61 0f 2003 and more specifically the regulations thereto.


Disclaimer:
Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.