Questioning South Africa’s ‘genetic link’ requirement for surrogacy

Thaddeus Metz


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. This law is currently 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.

Author's affiliations

Thaddeus Metz, Department of Philosophy, University of Johannesburg, South Africa

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Surrogacy; Gamete donation; Embryos; Eugenics; Human nature; Respect; Ubuntu

Cite this article

South African Journal of Bioethics and Law 2014;7(1):34-39. DOI:10.7196/SAJBL.314

Article History

Date submitted: 2014-02-19
Date published: 2014-04-22

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