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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 4 : Miscellaneous

41. Access to biographical and medical information concerning genetic parents

 

(1) A child born as a result of artificial fertilisation or surrogacy or the guardian of such child is entitled to have acess to—
(a) any medical information concerning that child’s genetic parents; and
(b) any other information concerning that child’s genetic parents but not before the child reaches the age of 18 years.

 

(2) Information disclosed in terms of subsection (1) may not reveal the identity of the person whose gamete was or gametes were used for such artificial fertilisation or the identity of the surrogate mother.

 

(3) The Director-General: Health or any other person specified by regulation may require a person to receive counselling before any information is disclosed in terms of subsection (1).