Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 4 : Miscellaneous40. Rights of child conceived by artificial fertilisation |
| (1) |
| (a) | Whenever the gamete or gametes of any person other than a married person or his or her spouse have been used with the consent of both such spouses for the artificial fertilisation of one spouse, any child born of that spouse as a result of such artificial fertilisation must for all purposes be regarded to be the child of those spouses as if the gamete or gametes of those spouses had been used for such artificial fertilisation. |
| (b) | For the purpose of paragraph (a) it must be presumed, until the contrary is proved, that both spouses have granted the relevant consent. |
| (2) | Subject to section 296, whenever the gamete or gametes of any person have been used for the artificial fertilisation of a woman, any child born of that woman as a result of such artificial fertilisation must for all purposes be regarded to be the child of that woman. |
| (3) | Subject to section 296, no right, responsibility, duty or obligation arises between a child born of a woman as a result of artificial fertilisation and any person whose gamete has or gametes have been used for such artificial fertilisation or the blood relations of that person, except when— |
| (a) | that person is the woman who gave birth to that child; or |
| (b) | that person was the husband of such woman at the time of such artificial fertilisation. |