Abstract
Preimplantation genetic testing makes it possible to genetically test in vitro embryos for the presence of genetic disease. It also identifies the sex of the embryo. Preimplantation sex selection is prohibited in a number of jurisdictions, including South Africa. Sex selection may be considered to be included in the ambit of the right to reproductive autonomy under the Constitution of the Republic of South Africa, 1996. An analysis of international human rights law supports such a view, and a comparison with foreign law suggests that South Africa should be wary of adopting blanket prohibitions without considering their context. The analysis demonstrates that a prohibition of preimplantation sex selection may have no place in South African law.
Highlights
Preimplantation genetic testing refers to a variety of genetic testing methods which take the following forms: preimplantation genetic testing for aneuploidy (PGT-A), preimplantation genetic testing for monogenetic disorders and HLA-typing (PGT-M), and preimplantation genetic testing for structural rearrangements (PGT-SR)
The analysis demonstrates that a prohibition of preimplantation sex selection may have no place in South African law
The article concludes with a determination and recommendation as to whether the prohibition of nontherapeutic sex selection is justified under South African law
Summary
Preimplantation genetic testing (or PGT) refers to a variety of genetic testing methods which take the following forms: preimplantation genetic testing for aneuploidy (PGT-A), preimplantation genetic testing for monogenetic disorders and HLA-typing (PGT-M), and preimplantation genetic testing for structural rearrangements (PGT-SR) All these methods have been indicated for use in in vitro treatment. Because PGT-A technology studies the genetic composition of an embryo, it inevitably reveals the sex of that particular embryo This is beneficial where sex is a determining factor for genetic disease and the avoidance of genetic disease, as it allows prospective parents to ensure that their child will not possess a sex-linked condition by screening against those genetic characteristics. The article concludes with a determination and recommendation as to whether the prohibition of nontherapeutic sex selection is justified under South African law
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