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Infertility Treatment

What You Should Know About Infertility Treatments in SA

Many couples opt for infertility treatments as part of their efforts of becoming parents as an alternative to adoption. Two important acts to study in this regard are the Children’s Act of 2005 and the National Health Act of 2003 to gain a better understanding of the legal aspects surrounding sperm and egg donation.

This article looks at selected basic legal aspects surrounding infertility treatment as related to surrogacy in South Africa.

Infertility Treatment

Gametes From a Diseased Partner in Infertility Treatments

What happens if the partner passes away after having already donated the sperm for the surrogacy process? The law stipulates that unless the partner has specifically given consent for the use of the sperm in an IVF treatment in their will, the living partner will not have the right to use it.

Payment For Gametes and Donor Privacy

It is illegal to pay a person for their sperm or eggs to be used in IVF procedures in South Africa. At present, the donor’s identity may not be revealed.

Not Legal to Choose the Gender and Time Limit for Embryo Storage

As the law currently stands, one cannot choose the gender. Frozen embryos cannot by law be stored for a period exceeding ten years.

Possible Changes in Regulations Surrounding Gamete Banks

The law may also change regarding the number of eggs or sperm that can be donated and used in infertility treatments. A single donor will only be allowed to donate six eggs. In terms of sperm donation, should regulations change, in future, the sperm from a single donor may only be used in a maximum of twelve assisted live births, whether through infertility treatments for couples or in surrogacy arrangements.

With several regulation changes in the pipeline, it’s best to seek guidance from a medical law attorney regarding legal aspects related to infertility treatments and surrogacy in South Africa. Consult with Adele van der Walt Incorporated to ensure you act within the boundaries of the law regarding donor gametes in South Africa.


*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 Incorporated before relying on this information to make any legal decisions. June 2021