Questioning South Africa’s ‘Genetic Link’ Requirement for Surrogacy

South African Journal of Bioethics and Law 7 (1):34-39 (2014)
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South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of the dispute. I argue that the law is unjust and should be revised.

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Thaddeus Metz
University of Pretoria


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