The donor-conceived child's right to know their biogenetic origins

Abstract

Notwithstanding the established practice of donor conception in South Africa, there has been inadequate legislative and judicial deliberation on its impact on the informational rights of a donor-conceived child. While the Children’s Act accords a donor-conceived child the right to biographical and medical information concerning their genetic parents, it does not guarantee a comprehensive, self-standing right to information concerning their conception and the identity of their biogenetic progenitors. The shortcoming is especially disquieting, given the preferential legislative treatment accorded to adopted children in accessing information concerning their biogenetic origins, despite their similar socio-legal status to donor-conceived children. The thesis adopts a child rights perspective and espouses respect for the child’s autonomy to choose what significance to attach to their biogenetic origins when constructing their personal identity. It argues for comprehensive law reform that gives direct and full effect to a donor-conceived child’s right to know their biogenetic origins.