A constitutional critique on the regulations relating to artificial fertilisation of persons

Abstract

It is constitutionally impermissible for legislation to over-medicalise, that is, to legally enforce medical influence and supervision over certain actions, without good reason why such medical influence and supervision are required. Various parts of the regulations relating to artificial fertilisation of persons made in terms of the National Health Act over-medicalise aspects of artificial fertilisation and gamete donation. These offending parts of the regulations are accordingly unconstitutional and invalid. The article calls for a thorough review of the regulations from a constitutional perspective.