Posthumous conception: Recent legal developments in South Africa
Posthumous conception – when a deceased person’s gametes are used for procreative purposes – made its debut in South African (SA) courts in NC v Aevitas Fertility Clinic. A widow was granted the right to use her deceased husband’s sperm for procreation. Against the background of legislative...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
South African Medical Association
2018-05-01
|
| Series: | South African Medical Journal |
| Online Access: | http://www.samj.org.za/index.php/samj/article/download/12310/8498 |
| _version_ | 1797331300317659136 |
|---|---|
| author | D Thaldar |
| author_facet | D Thaldar |
| author_sort | D Thaldar |
| collection | DOAJ |
| description | Posthumous conception – when a deceased person’s gametes are used for procreative purposes – made its debut in South African (SA) courts in NC v Aevitas Fertility Clinic. A widow was granted the right to use her deceased husband’s sperm for procreation. Against the background of legislative ambiguity, this case creates legal certainty that posthumous conception is legally permissible in SA – at least where deceased persons provided written consent that their gametes can be used by their surviving spouses or life partners after their death, and where there is no controversy about such consent. |
| first_indexed | 2024-03-08T07:32:26Z |
| format | Article |
| id | doaj.art-c777acb8a547495083afcb2450a58c72 |
| institution | Directory Open Access Journal |
| issn | 0256-9574 2078-5135 |
| language | English |
| last_indexed | 2024-03-08T07:32:26Z |
| publishDate | 2018-05-01 |
| publisher | South African Medical Association |
| record_format | Article |
| series | South African Medical Journal |
| spelling | doaj.art-c777acb8a547495083afcb2450a58c722024-02-02T19:59:53ZengSouth African Medical AssociationSouth African Medical Journal0256-95742078-51352018-05-01108647147310.7196/SAMJ.2018.v108i6.13182Posthumous conception: Recent legal developments in South AfricaD ThaldarPosthumous conception – when a deceased person’s gametes are used for procreative purposes – made its debut in South African (SA) courts in NC v Aevitas Fertility Clinic. A widow was granted the right to use her deceased husband’s sperm for procreation. Against the background of legislative ambiguity, this case creates legal certainty that posthumous conception is legally permissible in SA – at least where deceased persons provided written consent that their gametes can be used by their surviving spouses or life partners after their death, and where there is no controversy about such consent.http://www.samj.org.za/index.php/samj/article/download/12310/8498 |
| spellingShingle | D Thaldar Posthumous conception: Recent legal developments in South Africa South African Medical Journal |
| title | Posthumous conception: Recent legal developments in South Africa |
| title_full | Posthumous conception: Recent legal developments in South Africa |
| title_fullStr | Posthumous conception: Recent legal developments in South Africa |
| title_full_unstemmed | Posthumous conception: Recent legal developments in South Africa |
| title_short | Posthumous conception: Recent legal developments in South Africa |
| title_sort | posthumous conception recent legal developments in south africa |
| url | http://www.samj.org.za/index.php/samj/article/download/12310/8498 |
| work_keys_str_mv | AT dthaldar posthumousconceptionrecentlegaldevelopmentsinsouthafrica |