Abstract
This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article also considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implicationsassociated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated.
Highlights
As the Greek philosopher Heraclitus once said, the only constant is change.[1]
The above issues pose a number of questions, which impact directly upon the rights of children, including: Whether the legal position of “saviour siblings”, as well as the techniques used in their creation, is regulated in South African law? Does a person’s right to reproductive autonomy, as guaranteed by the Constitution, justify interference with an embryo? can a parent consent to any and all procedures being carried out on a child? can a parent consent to a tissue or organ transplant from one child to another? Does a “benefactor child” or “saviour sibling” have the right to consent to or refuse medical treatment that may save the life of a sibling?
The focus of the discussion was on the legal implications associated with “saviour siblings” and “benefactor children” and what effect their purpose has on a child’s right to bodily integrity and autonomy
Summary
This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implications associated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated
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