Surrogacy Advisory Group v Minister of Health (50683/2020)
Surrogacy Advisory Group v Minister of Health (50683/2020) [2022] ZAGPPHC 558; [2022] 4 All SA 187 (GP); 2023 (1) SA 241 (GP) (19 July 2022)
The court held that the applicant was not compelled to bring the challenge under PAJA, as the regulations were tested against constitutional rights beyond administrative justice. The psychological evaluation requirement for known donors and recipients, including married couples and permanent partners, was found to infringe the rights to equality, privacy, and access to healthcare, with no sufficient justification provided by the respondent. The prohibition on preimplantation sex selection was held to violate the right to bodily and psychological integrity and privacy, as it allowed for prenat…
Source excerpt
- Regulation Of Artificial Fertilisation
- Bodily Integrity
- Privacy Rights
- Equality Discrimination
- Subsidiarity Principle
- Freedom Of Expression