Difference between revisions of "South Africa"

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|Population=43700000
 
|Population=43700000
 
|GDP=282,630
 
|GDP=282,630
|Eggs for assisted reproduction=no policy
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|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for research=no policy
 
|Eggs for research=no policy
 
|Inheritable genetic modification=PROHIBITED
 
|Inheritable genetic modification=PROHIBITED
|Preimplantation genetic diagnosis=no policy
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|Preimplantation genetic diagnosis=social uses prohibited
 
|Reproductive cloning=PROHIBITED
 
|Reproductive cloning=PROHIBITED
 
|Research cloning=permitted
 
|Research cloning=permitted
|Sex selection=no policy
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|Sex selection=Social uses prohibited
 
|Surrogacy=commercial prohibited
 
|Surrogacy=commercial prohibited
 
|European Union=
 
|European Union=
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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) [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)
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|Key laws and policies=* [http://www.acts.co.za/childrens-act-2005/index.html Children’s Act No. 38 of 2005 (Chapter 19)]  
* [http://www.doh.gov.za/docs/bills/b32b.pdf National Health Act] (December 31, 2003)
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|Foundational values=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>
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* [http://www.enviroleg.co.za/acts/Human%20Tissue/Human%20Tissue%20Act.pdf Human Tissue Act] (s.39A inserted by s.26 of Act No. 51 of 1989) (1983)
|Prohibited practices=EMBRYO RESEARCH AND CLONING
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* [https://www.capetown.gov.za/en/CityHealth/Documents/Legislation/Act%20-%20National%20Health%20Act%20-%2061%20of%202003.pdf National Health Act] (December 31, 2003)
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|Foundational values='''Regarding Cloning'''
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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 name="mrc">South African Medical Research Council, "[http://www.kznhealth.gov.za/research/ethics2.pdf  Guidelines on Ethics for Medical Research: Reproductive Biology and Genetic Research.]"</ref>
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'''Stem Cell Research'''
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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.<ref name="samrc">South African Medical Research Council, "[http://www.kznhealth.gov.za/research/ethics2.pdf  Guidelines on Ethics for Medical Research: Reproductive Biology and Genetic Research.]"</ref>
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|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
  
COMMERCIAL SURROGACY
 
  
* Commercial surrogacy is prohibited (Children's Act, Chapter 19, 301)
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'''Commercial Surrogacy'''
|Permitted and regulated practices=SEX SELECTION
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* Commercial surrogacy is prohibited (Children's Act, Chapter 19, 301).
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|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
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'''Research Cloning'''
  
 
The National Health Act permits research cloning.  
 
The National Health Act permits research cloning.  
  
  
ALTRUISTIC SURROGACY
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'''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.
  
* In order for the agreement to be valid:
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*Conditions for the agreement to be valid:
a) the agreement is in writing and is signed by all the parties thereto;
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**The agreement is in writing and is signed by all the parties thereto.
b) the agreement is entered into in the Republic;
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**The agreement is entered into in the Republic.
c) 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;
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**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.
d) the surrogate mother and her husband or partner, if any, are at the time of entering into the agreement domiciled in the Republic; and
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**The surrogate mother and her husband or partner, if any, are at the time of entering into the agreement domiciled in the Republic.
e) the agreement is confirmed by the High Court within whose area of jurisdiction the commissioning parent or parents are domiciled or habitually resident.  
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**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
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* At least one of the commissioning person(s) must be genetically related to the child.
  
  
NON-COMMERCIAL SPERM AND EGG DONATION
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'''Non-Commercial Sperm and Egg Donation'''
  
 
* Is permitted
 
* Is permitted

Latest revision as of 19:27, 3 August 2015