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The choice should be yours
Many fears were highlighted with anonymity of the donor. This is one of the most crucial reasons why couples using donor sperm should go through accredited institutes to select their donors. Even the most thorough contract between a couple and a “known-private donor” can be fought in the Children’s Court should this party decide to claim parental rights.
When using a donor from an accredited medical institute your legal concerns are already taken care off. Any donor will renounce their paternal rights and responsibilities during the donation process. Sperm banks go through great lengths to protect both the donor and any prospective clients of theirs.
The current law in South Africa states that the process is anonymous and neither the donor nor the prospective client will be known to each other.
Children’s Bill of 2003 Draft legislation to replace the Child Care Act of 1983
The Human Tissues Act 65 of 1983 and the regulations issued under it also contain provisions to ensure that the donors of gametes used in an artificial insemination procedure remains anonymous. Thus, in terms of section 22(1)(C) OF THE Act, no person may publish “to any other person” any fact by which the identity of a living person from whose body any gametes has been removed for the purposes of artificial fertilisation of another person may possibly be established, unless the donor concerned has consented in writing to such publication. Apart from these provisions, a donor’s file may not be made available to any other person for inspection “unless any law otherwise provides or any court so orders (Regulation 6(2)(e).
Also Read: Donor Anonymity: Your Right to Choose
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