Direct-to-consumer genetic testing: Is it lawful in South Africa to take your own buccal swab?

September 19, 2022September 19, 2022 ~ Donrich Thaldar

Despite the growing popularity of direct-to-consumer genetic testing, there is not a lot of literature on the topic in South Africa. The limited available research suggests that direct-to-consumer genetic testing is unregulated. However, Amy Gooden and I have investigated this topic and found that direct-to-consumer genetic testing is indeed regulated, and unusually so. The first step in the process – the collection of a saliva sample by consumers themselves – is unlawful on a plain reading of the National Health Act 61 of 2003 and the Regulations Relating to the Use of Human Biological Material. But this is only the beginning of our legal analysis, not the end! Read more here.

Building a progressive assisted reproductive technology law in South Africa

September 6, 2022September 6, 2022 ~ Donrich Thaldar

In July 2022, a legal earthquake hit the South African fertility healthcare sector: The Pretoria High Court struck out the statutory ban on non-medical preimplantation sex selection. I reflect on this judgment in this post on the Bill of Health blog of the Petrie-Flom Center at Harvard Law School.

If fertility patients pass away, what happens to their in vitro embryos?

September 2, 2022September 2, 2022 ~ Donrich Thaldar

South African fertility clinics often include a provision in their consent forms that deals with the disposition of reproductive material (gametes and embryos) after a fertility patient’s death. This practice is problematic as such a provision is not legally valid. If the clinic acts in pursuance of such a provision upon a fertility patient’s death, the fertility clinic may be committing a civil wrong and a crime. But what is the solution? Read more in my article in the South African Medical Journal.

The Constitutional Court should make a greater effort to tackle prejudice against infertile people

August 3, 2022August 14, 2022 ~ Donrich Thaldar

How can we claim to have compassion if we allow the law to ban people who are infertile from realising their desire to build a family? Read my opinion editorial in the South African Sunday Times of 24 July 2022.

Is open-identity gamete donation lawful in South Africa?

March 28, 2022July 20, 2022 ~ Donrich Thaldar

South African gamete banks and gamete donation agencies do not offer open-identity donors, as it is generally believed that donor anonymity is a legal requirement in South Africa. Together with Dr Bonginkosi Shozi, I investigated the veracity of this belief. In our article in the South African Medical Journal, we offer a comprehensive analysis of all the South African statutes and case law relevant to this topic. We conclude that the notion that gamete donors must always be anonymous is mistaken. In actuality, the law provides that gamete donation in South Africa can be anywhere on the spectrum between anonymous and known. Accordingly, open-identity gamete donation is lawful in South Africa and should be offered to the public by South African gamete banks and gamete donation agencies. Read our article here.